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SPRINGFIELD,  ILLINOIS. 


THE  STATUTES  OF  ILLINOIS . 

(Gross,  1872.)  In  two  large  royal  octavo  volumes,  handsomely  and  uniformly  bound. 

Volume  I.  is  complete  down  to  the  Constitution  of  1870,  including  all  the  Organic  Laws. 

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TO  WNSEIP  OR  GrANIZA  TI0N  LA  W. 

(Gross,  1872.)  Comprising  the  Constitution  of  1870  and  the  Chapters  on  Township  Organiza¬ 
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1872,  included.  With  a  full  set  of  short  and  simple  forms.  Royal  Octavo,  pp.  184,  boards  .  1.25 

OR GcANIO  LAWS  OF  ILLINOIS. 

Embracing  the  Enabling  Acts  and  Ordinances,  the  Constitution  of  the  United  States,  with  its 
amendments,  and  the  three  Constitutions  of  Illinois,  viz. :  that  of  1818,  of  1848,  and  of  1870. 

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Territory  northwest  of  the  river  Ohio  now  included  in  the  State  of  Illinois,  from  the  com¬ 
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TILE  CRIMINAL  CODE  OF  ILLINOIS. 

(Gross,  1868.)  A  Digest  of  the  Criminal  Laws  of  Illinois,  annotated  with  the  Decisions  of  the 

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AN  INDEX  TO  THE  LA  WS  OF  ILLINOIS. 

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TOWNSHIP  ORGANIZATION 

ELECTIONS, 

EMINENT  DOMAIN, 
ESTRAYS 

AND 

ROADS. 

CONSTITUTION  OF  1870. 


WITH  A  NEW  AND  COMPLETE  SET  OF  SHORT  FORMS. 


REVISED  AND  ENLARGED. 

m 

INCLUDING  THE  ACTS  OF  18T1  AND  1872. 


SPRINGFIELD : 

E.  L.  &  W.  L.  GROSS. 


Entered  according  to  Act  of  Congress  in  the  year  1872,  by 
Eugene  L.  Gross  and  William  L.  Gross, 
in  the  office  of  the  Librarian  of  Congress,  at  Washington 


35^.0  775 


ZLii<*ois 

Li*colh  Co  lit- Jr  iflMS 

PREFACE. 


This  edition  is  accurate  and  complete,  bringing  the  law  down  to  the  close  of  the  session 
of  1872.  It  comprises  all  the  laws  of  Illinois  now  in  force  on  the  subjects  of  Elections, 
Eminent  Domain,  Estrays,  IIoads  and  Bridges,  and  Township  Organization.  A 
few  words  in  reference  to  the  classification  and  arrangement :  There  are  two  Chapters 
entitled  Elections.  The  first  is  the  election  law  as  it  was  in  force  immediately  prior  to 
the  adoption  of  the  constitution  of  1870,  with  each  section  since  repealed  marked  in  the 
margin.  The  second  contains  the  election  laws  of  1872.  The  act  of  1872  respecting 
Eminent  Domain  appears  under  that  title.  The  Chapter  on  Estrays  remains  unchanged 
by  the  acts  of  1871-2.  There  is  one  Chapter  entitled  Roads,  and  another  Roads  and 
Bridges.  The  first  is  the  road  law  as  it  was  in  force  immediately  prior  to  the  adoption 
of  the  constitution  of  1870,  with  each  section  since  expressly  repealed  marked  in  the 
margin.  The  second  is  the  road  act  of  1872.  There  are  two  Chapters  entitled  Town¬ 
ship  Organization.  The  first  is  the  town  law  as  it  was  in  force  immediately  prior  to  the 
adoption  of  the  constitution  of  1870,  with  each  section  since  expressly  repealed  marked  in 
the  margin.  The  second  contains  the  township  acts  of  1871  and  1872. 

The  road  law  is  in  singular  confusion.  For  many  years  past  there  has  been  one  distinct 
road  law  for  counties  under  township  organization,  and  that  was  included,  of  course,  in  the 
township  organization  acts.  At  the  same  time  there  was  another  distinct  and  separate 
road  law  for  counties  not  under  township  organization  ;  it  wTas  contained  in  the  Chapter  on 
Roads.  These  distinctions  have  been  completely  broken  down  by  the  road  and  bridge  act 
of  1872,  which  thoroughly  mixes  all  the  provisions  of  the  two  classes  of  acts,  and  attempts 
to  embody  all  the  legislation  on  that  subject.  But,  unfortunately,  the  old  law,  for  both 
classes  of  counties,  is  left  unrepealed.  A  few  sections  only  are  repealed  in  terms,  and  the 
rest  only  when  “  conflicting.”  Now,  it  is  plainly  impossible  to  say  how  much  this  covers 
No  two  persons,  probably,  can  agree  about  what  “  conflicts.”  It  must  finally  be  left  to  the 
courts.  And  the  Supreme  Court,  in  such  cases,  is  very  much  disposed  to  let  both  the  acts 
stand  as  far  as  possible.  See  for  instance  :  P.  &  R.  I.  R.  W.  Co.  v.  Warner,  (Chic.  Leg. 
N.  vol.  iv.  342)  and  cases  there  cited.  We  have  therefore  printed  both  the  old  acts  and 
the  new,  marking  only  the  sections  which  are  in  terms  repealed.  Concerning  the  construc¬ 
tive  repeals,  we  do  not  offer  any  opinion. 

These  remarks  apply  also  to  the  acts  on  Township  Organization,  and  particularly  to  that 
portion  of  them  relating  to  roads.  Nearly  all  their  provisions  have  been  incorporated  into 
the  new  road  act  of  1872,  and  generally  in  similar  terms.  But  the  old  township  acts  on 
roads  are  not  repealed,  except  by  construction.  And  the  same  legislature  which  enacted 
the  new  road  law  of  1872,  also  enacted  sundry  amendments  and  modifications  to  the  old 
township  road  laws,  thereby  recognizing  their  continuing  validity,  and  contemplating  and 
providing  for  their  operation  in  the  future.  Hence  we  have  printed  all  the  old  township 
acts,  marking  in  the  margin  those  which  are  expressly  repealed,  and  leaving  the  question 
of  constructive  repeals,  as  in  the  other  case,  to  be  settled  by  the  courts.  And  we  also  print 
all  the  new  acts.  In  no  other  way  could  we  be  sure  of  presenting  the  whole  law. 

The  Forms  in  this  book  are  mostly  for  use  under  the  Township  Organization  acts. 
There  is,  however,  a  complete  set  of  Estray  forms  —  a  thing  greatly  needed,  but  never 
before  attempted  in  this  state.  They  are  extremely  short,  and  well  adapted  for  practical 
use.  They  cannot  fail  to  be  acceptable. 

Springfield,  August,  1872. 


CONTENTS 


Constitution  o/’1870. 

Chap.  37.  Elections. 

Presidential  ....... 

General  —  Time  and  Place  of 
Concerning  Judges  and  Clerks  . 

Abstracts  and  Certificates  .... 

Filling  Vacancies . 

Penalties  imposed  ..... 
Contested  Elections  ..... 
Miscellaneous  Provisions  .... 
Thirty  Days’  Residence  .... 
Concerning  Registration  .... 
Miscellaneous  Provisions  .... 

Act  of  1872. 


§§  1-5 

§§  6,7 

§§  8-33 

§§  34-40 

§§  41-47 

§§  48-51 

§§  52-63 

§§  64-71 

§§  72-78 

§§  79-94 

§§  95-99 


Senatorial  Districts  .... 
Presidential  ..... 
Time  and  Place  of  holding 
Election  Precincts  .... 
Concerning  Judges  and  Clerks  . 

Ballot  Boxes  and  Poll  Books 
Preserving  Order  .... 
Election  Notices  ..... 
Conducting  Elections :  Returns 
Qualifications  of  Voters 
Canvassing  Votes:  Election  Certificates 
Offenses  and  Penalties 
Contesting  Elections 
Resignations  and  Vacancies  . 

Repealing  Clause  .... 
Eminent  Domain. 

Chap.  38.  Escheats. 

Chap.  39.  Estrays. 

Estray  Animals  ..... 

Lost  Boats  and  Vessels  .  . 

Goods  or  Money  lost 
Chap.  93.  Roads. 

I.  General  Rules  Concerning  . 

II.  General  Duties  of  Supervisors 

III.  Obstructions  and  Injuries  . 

IV.  Road  Labor  and  Road  Tax  .  . 

V.  Duties  of  Road  Supervisors  . 

VI.  Fees  of  Officers  .... 

VII.  Locations,  Vacations  and  Relocations 

VIII.  Jurisdiction  over  Roads 


§  100 
.  §§  101-106 
§§  107-129 
.  §§  130-132 
§§  133-140 
.  §§  141-143 
§§  144-146 
.  §§  147-149 

§§  150-166 
.  §§  167-173 
§§  174-182 
.  §§  183-197 
§§  198-227 
.  §§  228-237 
§  239 


pp.  262-265 
.  pp.  265,266 
pp.  266,  267 

pp.  664,  665 
.  pp.  666,  667 
p.  667 
.  pp.  668-670 
pp.  670-672 
.  p.  672 
pp.  672—676 
.  pp.  67  6,  677 


Contents. 


v 


Chap.  93. 


CnAP.  103. 


Roads  and  Bridges.  Act  of  1872. 


General  Rules  Concerning  . 

• 

§§ 

79-87 

Obstructions  and  Injuries  . 

• 

• 

§§ 

88-95 

Trees:  Hedges:  Crossings  . 

§§ 

96-99 

Vacations  ..... 

• 

§§ 

100-102 

Road  Districts  .... 

§ 

103 

Commissioners  of  Highways 

• 

§§ 

104-121 

Voters  at  Town  Meeting 

§ 

122 

Property  Road  Tax  . 

• 

§§ 

123-128 

Poll  Tax  for  Roads 

§§ 

129-131 

Locations  and  Vacations  . 

• 

• 

§§ 

132-140 

Trial  by  Jury  .... 

§§ 

141-149 

Appeal  to  Circuit  Court  . 

• 

§§ 

150-152 

Final  Proceedings  .  . 

§§ 

153-157 

Contracts  by  Commissioners 

• 

§ 

158 

Record  as  Evidence 

§ 

159 

Private  Roads  .... 

» • 

• 

§§ 

160-163 

Road  on  Town  Line 

§§ 

164, 165 

Appeal  to  three  Supervisors 

• 

§§ 

166-172 

Miscellaneous  Provisions 

§§ 

173-192 

Conflicting  Acts  Repealed 

Act  shall  take  Effect  .  .  . 

• 

§ 

193 

§ 

194 

Township  Organization. 

• 

I.  How  Adopted 

.  p.  741 

II.  Power  of  Towns 

• 

• 

• 

• 

• 

p.  742 

III.  Boundaries  and  Divisions  of  Towns 

* 

.  p.  743 

IV.  Power  of  Electors  . 

• 

• 

• 

• 

• 

p.  744 

V.  Conducting  Town  Meetings  . 

.  p.  746 

VI.  Qualifications  —  Tenure  of  Office 

• 

• 

• 

• 

p.  749 

VII.  Vacancies  .... 

VIII.  The  Supervisor  . 

• 

• 

• 

■ 

• 

• 

p.  751 

IX.  The  Town  Clerk  . 

X.  Board  of  Auditors  —  Health 

• 

• 

• 

• 

• 

p.  753 

XI.  Compensation 

.  p.  754 

XII.  Legal  Proceedings  . 

• 

• 

• 

• 

• 

p.  755 

XIII.  Counties  as  Corporations  . 

.  p.  756 

XIV.  Board  of  Supervisors  . 

• 

• 

• 

• 

• 

p.  756 

XV.  Countv  Treasurer 

.  p.  758 

XVI.  Revenue 

• 

• 

• 

• 

• 

p.  760 

XVII.  Roads,  Highways  and  Bridges  . 

• 

• 

• 

• 

.  p.  763 

XVIII.  Miscellaneous  Provisions 

• 

• 

• 

• 

• 

p.  778 

Township  Organization.  Acts  of  1872. 
Township  Organization  Forms. 

Estray  Forms. 


[42] 


CONSTITUTION  OF  1870. 

Adopted  in  convention  13  May,  1870;  ratified  by  the  people  2  July,  1870;  in  force  8  Aug.  1870. 


Article 

Boundaries  of  the  State 

Page 

I. 

•  • 

.  42 

II. 

Bill  of  Rights 

•  • 

42 

III. 

Distribution  of  Powers 

•  • 

.  43 

IV. 

Legislative  Department  . 

•  • 

44 

V. 

Executive  Department 

•  • 

.  47 

VI. 

Judicial  Department 

•  • 

.  50 

VII. 

Suffrage  .... 

•  •- 

.  53 

VIII. 

Education  .... 

•  • 

53 

IX. 

Revenue  . 

•  • 

.  54 

X. 

Counties  .... 

•  • 

.  55 

XI. 

Corporations  .... 

•  • 

.  56 

XII. 

Militia . 

•  • 

58 

XIII. 

Warehouses  .... 

•  • 

.  58 

XIV. 

Amendments  to  the  Constitution  . 

59 

Separate  Sections 

•  • 

.  59 

Schedule  .... 

•  • 

60 

PREAMBLE. 

We,  tlie  people  of  the  state  of  Illinois  —  grate¬ 
ful  to  Almighty  God  for  the  civil,  political  and 
religious  liberty  which  He  hath  so  long  permit¬ 
ted  us  to  enjoy,  and  looking  to  Him  for  a  bless¬ 
ing  upon  our  endeavors  to  secure  and  transmit 
the  same  unimpaired  to  succeeding  generations 
—  in  order  to  form  a  more  perfect  government, 
establish  justice,  insure  domestic  tranquillity, 
provide  for  the  common  defense,  promote  tlie 
general  welfare,  and  secure  the  blessings  of  lib¬ 
erty  to  ourselves  and  our  posterity  ;  do  ordain 
and  establish  this  constitution  for  the  state  of 
Illinois. 

ARTICLE  I. 

Boundaries. 

The  boundaries  and  jurisdiction  of  the  state 
shall  be  as  follows,  to  wit :  Beginning  at  the 
mouth  of  the  Wabash  river ;  thence  up  the  same, 
and  with  the  line  of  Indiana,  to  the  north  west 
corner  of  said  state ;  thence  east,  with  the  line 
of  the  same  state,  to  the  middle  of  lake  Mich¬ 
igan;  thence  north  along  the  middle  of  said 
lake,  to  north  latitude  42  degrees  and  30  min¬ 
utes;  thence  west  to  the  middle  of  the  Missis¬ 
sippi  river,  and  thence  down  along  the  middle 
of  that  river  to  its  confluence  with  the  Ohio 
river,  and  thence  up  the  latter  river,  along  its 
north-western  shore,  to  the  place  of  beginning  : 
Provided,  that  this  state  shall  exercise  such  ju¬ 
risdiction  upon  the  Ohio  river,  as  she  is  now 
3ntitled  to,  or  such  as  may  hereafter  be  agreed 
upon  by  this  state  and  the  state  of  Kentucky. 


ARTICLE  II. 

Bill  of  Rights. 

§  1.  Inherent  and  Inalienable  Rights. 

§  2.  Due  Process  of  Law. 

§  3.  L>berty  of  Conscience  Guaranteed . 

§  4.  Freedom  of  the  Press  —  Libel. 

§  5.  Rigli'  of  Trial  by  Jury. 

§  6.  Unreasonable  Searches  and  Seizures. 

§  7.  Bail  allowed — Writ  of  Habeas  Corpus. 

§  8.  Indictment  required  —  Grand  Jury  AboU 
ished. 

§  9.  Rights  of  Persons  Accused  of  Crime. 

§10.  Self  Crimination — Former  Trial. 

§11.  Penalties  proportionate —  Corruption  — 
Forfeiture. 

§12.  Imprisonment  for  Debt. 

§  13.  Compensation  for  Property  taken. 

§  14.  Ex  post  facto  laws  —  Irrevocable  Grants. 

§  15.  Military  Power  Subordinate. 

§  16.  Quartering  of  Soldiers. 

§17.  Right  of  Assembly  and  Petition. 

§  18.  Elections  to  be  Free  and  Equal. 

§  19.  What  Laws  ought  to  be. 

§  20.  Fundamental  Principles. 

§  1.  All  men  are  by  nature  free  and  inde¬ 
pendent,  and  have  certain  inherent  and  inalien¬ 
able  rights  —  among  these  are  life,  liberty  and 
the  pursuit  of  happiness.  To  secure  these  rights 
and  the  protection  of  property,  governments  are 
instituted  among  men,  deriving  their  just  pow¬ 
ers  from  the  consent  of  the  governed. 

§  2.  No  person  shall  be  deprived  of  life,  lib¬ 
erty  or  property,  without  di  e  process  of  law. 


Organic  Laws  of  Illinois. 


[43] 


Art.  II.  §  3.  Constitution  of  1870.  Art.  IV. 


§  3.  The  free  exercise  and  enjoyment  of  re¬ 
ligious  profession  and  worship,  without  discrim¬ 
ination,  shall  forever  be  guaranteed  ;  and  no 
person  shall  be  denied  any  civil  or  political 
right,  privilege  or  capacity,  on  account  of  his 
religious  opinions  ;  but  the  liberty  of  conscience 
hereby  secured  shall  not  be  construed  to  dis¬ 
pense  with  oaths  or  affirmations,  excuse  acts  of 
licentiousness,  or  justify  practices  inconsistent 
with  the  peace  or  safety  of  the  state.  No  per¬ 
son  shall  be  required  to  attend  or  support  any 
ministry  or  place  of  worship  against  his  Consent, 
nor  shall  any  preference  be  given  by  law  to  any 
religious  denomination  or  mode  of  worship. 

§  4.  Every  person  may  freely  speak,  write  and 
publish  on  all  subjects,  being  responsible  for  the 
abuse  of  that  liberty;  and  in  all  trials  for  libel, 
both  civil  and  criminal,  the  truth,  when  pub¬ 
lished  with  good  motives  and  for  justifiable  ends, 
shall  be  a  sufficient  defense. 

§  5.  The  right  of  trial  by  jury  as  heretofore 
enjoyed,  shall  remain  inviolate;  but  the  trial  of 
civil  cases  before  justices  of  the  peace  by  a  jury 
of  less  than  12  men,  may  be  authorized  by  law. 

§  6.  The  right  of  the  people  to  be  secure  in 
their  persons,  houses,  papers  and  effects,  against 
unreasonable  searches  and  seizures,  shall  not  be 
violated;  and  no  warrant  shall  issue  without 
probable  cause,  supported  by  affidavit,  particu¬ 
larly  describing  the  place  to  be  searched,  and 
the  persons  or  things  to  be  seized. 

§  7.  All  persons  shall  be  bailable  by  sufficient 
sureties,  except  for  capital  offenses,  where  the 
proof  is  .evident  or  the  presumption  great;  and 
-the  privilege  of  the  writ  of  habeas  corpus  shall 
not  be  suspended,  unless  when  in  cases  of  rebel¬ 
lion  or  invasion  the  public  safety  may  require  it. 

§  8.  No  person  shall  be  held  to  answer  for  a 
criminal  offense,  unless  on  indictment  of  a  grand 
jury,  except  in  cases  in  which  the  punishment 
is  by  fine,  or  imprisonment  otherwise  than  in 
the  penitentiary,  in  cases  of  impeachment,  and 
in  cases  arising  in  the  army  and  navy,  or  in  the 
militia  when  in  actual  service  in  time  of  war  or 
public  danger:  Provided ,  that  the  grand  jury 
may  be  abolished  by  law  in  all  cases. 

§  9.  In  all  criminal  prosecutions,  the  accused 
shall  have  the  right  to  appear  and  defend  in 
person  and  by  counsel  ;  to  demand  the  nature 
and  cause  of  the  accusation,  and  to  have  a  copy 
thereof;  to  meet  the  witnesses  face  to  face,  and 
to  have  process  to  compel  the  attendance  of  wit¬ 
nesses  in  his  behalf,  and  a  speedy  public  trial  by 
an  impartial  jury  of  the  county  or  district  in 
which  the  offense  is  alleged  to  have  been  com¬ 
mitted. 

§  10.  No  person  shall  be  compelled  in  any 
criminal  case  to  give  evidence  against  himself, 
or  be  twice  put  in  jeopardy  for  the  same  offense. 

§  11.  All  penalties  shall  be  proportioned  to 
the  nature  of  the  offense ;  anil  no  conviction 
3hall  work-  corruption  of  blood  or  forfeiture  of 
estate;  nor  shall  any  person  be  transported  out 
of  the  state  for  any  offense  committed  within  the 
same. 

§  1  2.  No  person  shall  be  imprisoned  for  debt, 
unless  upon  refusal  to  deliver  up  his  estate  for 


the  benefit  of  his  creditors,  in  such  manner  as 
shall  be  prescribed  by  law ;  or  in  cases  where 
there  is  strong  presumption  of  fraud. 

§  13.  Private  property  shall  not  be  taken  or 
damaged  for  public  use  without  just  compensa¬ 
tion.  Such  compensation,  when  not  made  by 
the  state,  shall  be  ascertained  by  a  jury,  as  shall 
be  presciibed  by  law.  The  fee  of  land  taken 
for  railroad  tracks,  without  consent  of  the  own¬ 
ers  thereof,  shall  remain  in  such  owners,  subject 
to  the  use  for  which  it  is  taken. 

§  14.  No  ex  post,  facto  law,  or  law  impairing 
the  obligation  of' contracts,  or  making  any  irrev 
ocable  grant  of  special  privileges  or  immunities, 
shall  be  passed. 

§  15.  The  military  shall  be  in  strict  subordi¬ 
nation  to  the  civil  power. 

§  16.  No  soldier  shall,  in  time  of  peace,  be 
quartered  in  any  house  without  the  consent  of 
the  owner ;  nor  in  time  of  war  except  in  the 
manner  prescribed  by  law. 

§  17.  The  people  have  the  right  to  assemble 
in  a  peaceable  manner  to  consult  for  the  common 
good,  to  make  known  their  opinions  to  their  rep¬ 
resentatives,  and  to  apply  for  redress  of  griev¬ 
ances. 

§  18.  All  elections  shall  be  free  and  equal. 

§  19.  Every  person  ought  to  find  a  certain 
remedy  in  the  laws  for  all  injuries  and  wrongs 
which  he  may  receive  in  his  person,  property  or 
reputation  ;  he  ought  to  obtain,  by  law,  right 
and  justice  freely  and  without  being  obliged  to 
purchase  it,  completely  and  without  denial, 
promptly  and  without  delay. 

§  20.  A  frequent  recurrence  to  the  fundamen¬ 
tal  principles  of  civil  government  is  absolutely 
necessary  to  preserve  the  blessings  of  liberty. 

ARTICLE  III. 

Distribution  of  Powers. 

The  powers  of  the  Government  of  this  state 
are  divided  into  three  distinct  departments  — 
the  Leoislative,  Executive  and  Judicial  ;  and 
no  person,  or  collection  of  persons,  being  one 
of  these  departments,  shall  exercise  arty  power 
properly  belonging  to  either  of  the  others,  ex¬ 
cept  as  hereinafter  expressly  directed  or  per¬ 
mitted. 

ARTICLE  IY. 

Legislative  Department.  . 

§  1.  General  Assembly  elective. 

§  2.  Time  of  Election  —  Vacancies. 

§  3.  Who  are  Eligible. 

§  4.  Disqualification  by  Crime. 

§  5.  Oath  taken  by  Members. 

§  6.  Senatorial  Apportionment. 

§§  7  &  8.  Minority  Representation. 

§  9.  Time  of  Meeting  —  General  Rules. 

§  10.  Secrecy  —  Adjournments  —  Journals  — 
Protests. 

§  11.  Style  of  Laws. 

§  12.  Origin  and  Passage  of  Bills. 

§  13.  Reading  —  Printing  —  Title  —  Amend¬ 
ments. 


[44] _ 

Art.  IV.  §  1. 


Organic  Laws  of  Illinois. 


Art  IV.  §  6 


Constitution  of  1870. 


§14.  Privileges  of  Members. 

§15.  Disabilities  of  Members. 

§16.  Bills  making  Appropriations. 

§17.  Payment  of  Money  —  Statement  of  Ex¬ 
penses. 

§18.  Ordinary  Expenses  —  Casual  Deficits  — 
A ppropriations  limited. 

§19.  Extra  Compensation  or  Allowance. 

§  20.  Public  Credit  not  loaned. 

§  21.  Pay  and  Mileage  of  Members. 

§  22.  Special  Legislation  prohibited. 

§  23.  Against  Release  from  Liability. 

§  24.  Proceedings  on  Impeachment. 

§  25.  Fuel ,  Stationery ,  and  Printing. 

§  26.  State  not  to  be  sued. 

§27.  Lotteries  and  Gift  Enterprises. 

§  28.  Terms  of  Ojfice  not  Extended. 

§  29.  Protection  of  Operative  Miners. 

§  30.  Concerning  Roads  —  Public  and  Private. 
§31.  Draining  and  Ditching. 

§32.  Homestead  and  Exemption  Laws. 

§  33.  Completion  of  the  State  House. 

§  1.  The  legislative  power  shall  be  vested  in 
a  General  Assembly,  which  shall  consist  of  a 
Senate  and  House  of  Representatives,  both  to 
be  elected  by  the  people. 

ELECTION. 

§  2.  An  election  for  members  of  the  general 
assembly  shall  be  held  on  the  Tuesday  next  af- 
Iter  the  first  Monday  in  November,  in  the  year 
of  our  Lord  1870,  and  every  two  years  thereaf¬ 
ter,  in  each  county,  at  such  places  therein  as 
may  be  provided  by  law.  When  vacancies  oc¬ 
cur  in  either  house,  the  governor,  or  person  exer¬ 
cising  the  powers  of  governor,  shall  issue  writs 
of  election  to  fill  such  vacancies. 

ELIGIBILITY  AND  OATH. 

§  3.  No  person  shall  be  a  senator  who  shall 
not  have  attained  the  age  of  25  years,  or  a  rep¬ 
resentative  who  shall  not  have  attained  the  age 
of  21  years.  No  person  shall  be  a  senator  or  a 
representative  who  shall  not  be  a  citizen  of  the 
United  States,  and  who  shall  not  have  been  for 
five  years  a  resident  of  this  state,  and  for  two 
years  next  preceding  his  election  a  resident 
within  the  territory  forming  the  district  from 
which  he  is  elected.  No  judge  or  clerk  of  any 
court,  secretary  of  state,  attorney  general,  state’s 
attorney,  recorder,  sheriff’,  or  collector  of  public 
revenue,  member  of  either  house  of  congress,  or 
person  holding  any  lucrative  office  under  the 
United  States  or  this  state,  or  any  foreign  gov¬ 
ernment,  shall  have  a  seat  in  the  general  assem¬ 
bly  :  Provided ,  that  appointments  in  the  militia, 
and  the  offices  of  notary  public  and  justice  of 
the  peace,  shall  not  be  considered  lucrative. 
Nor  shall  any  person  holding  any  office  of  honor 
or  profit  under  any  foreign  government,  or  under 
the  government  of  the  United  States,  (except 
postmasters  whose  annual  compensation  does  not 
exceed  the  sum  of  $300,)  hold  any  office  of  honor 
or  profit  under  the  authority  of  this  state. 

§  4.  No  person  who  has  been,  or  hereafter 
shall  be  convicted  of  bribery,  perjury  or  other 


infamous  crime,  nor  any  person  who  has  been  oi 
may  be  a  collector  or  holder  of  public  moneys, 
who  shall  not  have  accounted  for  and  paid  over, 
according  to  law,  all  such  moneys  due  from  him, 
shall  be  elegible  to  the  general  assembly,  or  to 
any  office  of  profit  or  trust  in  this  state. 

§  5.  Members  of  the  general  assembly,  before 
they  enter  upon  their  official  duties,  shall  take 
and  subscribe  the  following  oath  or  affirma¬ 
tion  : 

I  do  solemnly  swear  (or  affirm)  that  I  will  support 
the  constitution  of  the  United  States  and  the  constitu¬ 
tion  of  the  state  of  Illinois,  and  will  faithfully  discharge 
the  duties  of  senator  (or  representative)  according  to 
the  best  of  mv  ability;  and  that  I  have  not,  knowingly 
or  intentionally,  paid  or  contributed  anything,  or  made 
any  promise  in  the  nature  of  a  bribe,  to  directly  or  in¬ 
directly  influence  any  vote  at  the  election  at  which  I 
was  chosen  to  fill  the  said  office,  and  have  not  accepted, 
nor  will  1  accept  or  receive,  directly  or  indirectly,  any 
money  or  other  valuable  thing,  from  any  corporation, 
company  or  person,  for  any  vote  or  influence  I  may 
give  or  withhold  on  any  bill,  resolution  or  appropria¬ 
tion,  or  for  an)-  other  official  act. 

This  oath  shall  be  administered  by  a  judge  of 
the  supreme  or  circuit  court  in  the  hall  of  the 
house  to  which  the  member  is  elected,  and  the 
secretary  of  state  shall  record  and  file  the  oath 
subscribed  by  each  member.  Any  member  who 
shall  refuse  to  take  the  oath  herein  prescribed 
shall  forfeit  his  office,  and  every  member  who 
shall  be  convicted  of  having  sworn  falsely  to,  or 
of  violating,  his  said  oath,  shall  forfeit  his  office 
and  be  disqualified  thereafter  from  holding  any 
office  of  profit  or  trust  in  this  state. 

APPORTIONMENT  —  SENATORIAL. 

§  6.  The  general  assembly  shall  apportion 
the  state  every  10  years,  beginning  with  the 
year  1871,  by  dividing  the  population  of  the 
state,  as  ascertained  by  the  federal  census,  by 
the  number  51,  and  the  quotient  shall  be  the 
ratio  of  representation  in  the  senate.  The  state 
shall  be  divided  into  51  senatorial  districts,  each 
of  which  shall  elect  one  senator,  whose  term  of 
office  shall  be  four  years.  The  senators  elected 
in  the  year  of  our  Lord  1872,  in  districts  bear¬ 
ing  odd  numbers,  shall  vacate  their  offices  at  the 
end  of  two  years,  and  those  elected  in  districts 
bearing  even  numbers,  at  the  end  of  four  years ; 
and  vacancies  occuring  by  the  expiration  of  term 
shall  be  filled  by  the  election  of  senators  for  the 
full  term.  Senatorial  districts  shall  he  formed 
of  contiguous  and  compact  territory,  bounded  by 
county  lines,  and  contain  as  nearly  as  practicable 
an  equal  number  of  inhabitants  ;  but  no  district 
shall  contain  less  than  four-fifths  of  the  sen¬ 
atorial  ratio.  Counties  containing  not  less  than 
the  ratio  and  three-fourths,  may  be  divided  into 
separate  districts,  and  shall  be  entitled  to  two 
senators,  and  to  one  additional  senator  for  each 
number  of  inhabitants  equal  to  the  ratio,  con¬ 
tained  by  such  counties  in  excess  of  twice  the 
number  of  said  ratio. 

Note.  —  By  the  adoption  of  minority  representation. 
§§  7  ajid  8  of  this  article  cease  to  be  a  part  of  the  con¬ 
stitution.  Under  §  12  of  the  schedule,  and  the  vote  of 
adoption,  the  following  section  relating  to  minority 
representation  is  substituted  for  said  sections:  — 


Organic  Laws  of  Illinois. 

Constitution  of  1870. 


_ [45] 

Art.  IV.  §  16. 


Art.  IV.  §§  7,  8. 

STYLE  OF  LAWS,  AND  PASSAGE  OF  BILLS. 


MINORITY  REPRESENTATION. 

§§  7  and  8.  The  house  of  representatives 
shall  consist  of  three  times  the  number  of  the 
members  of  the  senate,  and  the  term  of  office 
shall  be  two  years.  Three  representatives  shall 
be  elected  in  each  senatorial  district  at  the  gen¬ 
eral  election  in  the  year  of  our  Lord  1872,  and 
every  two  years  thereafter.  In  all  elections  of 
representatives  aforesaid,  each  qualified  voter 
may  cast  as  many  votes  for  one  candidate  as 
there  are  representatives  to  be  elected,  or  may 
distribute  the  same,  or  equal  parts  thereof, 
among  the  candidates,  as  he  shall  see  fit ;  and 
the  candidates  highest  in  votes  shall  be  declared 
elected. 

TIME  OF  MEETING  AND  GENERAL  RULES. 

§  9.  The  sessions  of  the  general  assembly 
shall  commence  at  12  o’clock  noon,  on  the 
Wednesday  next  after  the  first  Monday  in  Janu¬ 
ary,  in  the  year  next  ensuing  the  election  of 
members  thereof,  and  at  no  other  time,  unless  as 
provided  by  this  constitution.  A  majority  of 
the  members  elected  to  each  house  shall  consti-. 
tute  a  quorum.  Each  house  shall  determine  the 
rules  of  its  proceedings,  and  be  the  judge  of  the 
.election,  returns  and  qualifications  of  its  mem¬ 
bers  ;  shall  choose  its  own  officers ;  and  the  senate 
shall  choose  a  temporary  president  to  preside 
when  the  lieutenant  governor  shall  not  attend 
as  president  or  shall  act  as  governor.  The 
secretary  of  state  shall  call  the  house  of  repre¬ 
sentatives  to  order  at  the  opening  of  each  new 
assembly,  and  preside  over  it  until  a  temporary 
presiding  officer  thereof  shall  have  been  chosen 
and  shall  have  taken  liis  seat.  No  member  shall 
be  expelled  by  either  house,  except  by  a  vote  of 
two-thirds  of  all  the  members  elected  to  that 
house,  and  no  member  shall  be  twice  expelled 
for  the  same  offense.  Each  house  may  punish 
by  imprisonment  any  person,  not  a  member,  who 
shall  be  guilty  of  disrespect  to  the  house  by  dis¬ 
orderly  or  contemptuous  behavior  in  its  presence. 
But  no  such  imprisonment  shall  extend  beyond  24 
hours  at  one  time,  unless  the  person  shall  persist 
in  such  disorderly  or  contemptuous  behavior. 

§  10.  The  doors  of  each  house  and  of  com¬ 
mittees  of  the  whole,  shall  be  kept  open,  except 
in  such  cases  as,  in  the  opinion  of  the  house,  re¬ 
quire  secrecy.  Neither  house  shall,  without  the 
consent  of  the  other,  adjourn  for  more  than  two 
days,  or  to  any  other  place  than  that  in  which 
the  two  houses  shall  be  sitting.  Each  house 
shall  keep  a  journal  of  its  proceedings,  which 
shall  be  published.  In  the  senate  at  the 
request  of  two  members,  and  in  the  house  at 
the  request  of  five  members,  the  yeas  and  nays 
shall  be  taken  on  any  question,  and  entered 
upon  the  journal.  Any  two  members  of  either 
house  shall  have  liberty  to  dissent  from  and 
protest,  in  respectful  language,  against  any  act 
or  resolution  which  they  think  injurious  to  the 
public  or  to  any  individual,  and  have  the  reasons 
of  their  dissent  entered  upon  the  journals. 


§11.  The  style  of  the  laws  of  this  state  shall 
be  ;  Be  it  enacted  by  the  People  of  the  State  oj 
Illinois,  represented  in  the  General  Assembly. 

§  12.  Bills  may  originate  in  either  house, 
but  may  be  altered,  amended  or  rejected  by  the 
other  ;  and  on  the  final  passage  of  all  bills,  the 
vote  shall  be  by  yeas  and  nays,  upon  each  bill 
separately,  and  shall  be  entered  upon  the  jour¬ 
nal  ;  and  no  bill  shall  become  a  law  without  the 
concurrence  of  a  majority  of  the  members 
elected  to  each  house. 

§  13.  Every  bill  shall  be  read  at  large  on 
three  different  days,  in  each  house;  and  the 
bill  and  all  amendments  thereto  shall  be  printed 
before  the  vote  is  taken  on  its  final  passage ;  and 
every  bill,  having  passed  both  houses,  shall  be 
signed  by  the  speakers  thereof.  No  act  here¬ 
after  passed  shall  embrace  more  than  one  sub¬ 
ject,  and  that  shall  be  expressed  in  the  title. 
But  if  any  subject  shall  be  embraced  in  an  act 
which  shall  not  be  expressed  in  the  title,  such 
act  shall  be  void  only  as  to  so  much  thereof  as 
shall  not  be  so  expressed ;  and  no  law  shall  be 
revived  or  amended  by  reference  to  its  title  only, 
but  the  law  revived,  or  the  section  amended, 
shall  be  inserted  at  length  in  the  new  act.  And 
no  act  of  the  general  assembly  shall  take  effect 
until  the  first  day  of  July  next  after  its  passage, 
unless,  in  case  of  emergency,  (which  emergency 
shall  be  expressed  in  the  preamble  or  body  of 
the  act),  the  general  assembly  shall,  by  a  vote  of 
two-thirds  of  all  the  members  elected  to  each 
house,  otherwise  direct. 

PRIVILEGES  AND  DISABILITIES. 

§  14.  Senators  and  representatives  shall,  in 
all  cases,  except  treason,  felony  or  breach  of  the 
peace,  be  privileged  from  arrest  during  the  ses¬ 
sion  of  the  general  assembly,  and  in  going  to 
and  returning  from  the  same  ;  and  for  any  speech 
or  debate  in  either  house,  they  shall  not  be  ques¬ 
tioned  in  any  other  place. 

§  15.  No  person  elected  to  the  general  assem¬ 
bly  shall  receive  any  civil  appointment  within 
this  state  from  the  governor,  the  governor  and 
senate,  or  from  the  general  assembly,  during 
the  term  for  which  he  shall  have  been  elected ; 
and  all  such  appointments,  and  all  votes  given 
for  any  such  members  for  any  such  office  or 
appointment,  shall  be  void  ;  nor  shall  any  mem¬ 
ber  of  the  general  assembly  be  interested,  either 
directly  or  indirectly,  in  any  contract  with  the 
state,  or  any  county  thereof,  authorized  by  any 
law  passed  during  the  term  for  which  he  shall 
have  been  elected,  or  within  one  year  after  the 
expiration  thereof. 

PUBLIC  MONEYS  AND  APPROPRIATIONS. 

§  16.  The  general  assembly  shall  make  no 
appropriation  of  money  out  of  the  treasury  in 
any  private  law.  Bills  making  appropriations 
for  the  pay  of  members  and  officers  of  the  gen¬ 
eral  assembly,  and  for  the  salaries  of  the  officers 
of  the  government,  shall  contain  no  provision  o»» 
any  other  subject. 


[46] 


Organic  Laws  of  Illinois. 


Art.  IV.  §  17.  Constitution  of  1870.  Art.  IV.  §  22. 


§  17.  No  money  shall  be  drawn  from  the 
treasury  except  in  pursuance  of  an  appropria¬ 
tion  made  by  law,  and  on  the  presentation  of  a 
warrant  issued  by  the  auditor  thereon  ;  and  no 
money  shall  be  diverted  from  any  appropriation 
made  for  any  purpose,  or  taken  from  any  fund 
whatever,  either  by  joint  or  separate  resolution. 
The  auditor  shall,  within  60  days  after  the  ad¬ 
journment  of  each  session  of  the  general  assem¬ 
bly,  prepare  and  publish  a  full  statement  of  all 
money  expended  at  such  session,  specifying  the 
amount  of  each  item,  and  to  whom  and  for  what 
paid, 

§  18.  Each  general  assembly  shall  provide 
for  all  the  appropriations  necessary  for  the  ordi¬ 
nary  and  contingent  expenses  of  the  government 
until  the  expiration  of  the  first  fiscal  quarter 
after  the  adjournment  of  the  next  regular  ses¬ 
sion,  the  aggregate  amount  of  which  shall  not 
be  increased  without  a  vote  of  two-tliirds  of 
the  members  elected  to  each  house,  nor  exceed 
the  amount  of  revenue  authorized  by  law  to  be 
raised  in  such  time  ;  and  all  appropriations,  gen¬ 
eral  or  special,  requiring  money  to  be  paid  out 
of  the  state  treasury,  from  funds  belonging  to 
the  state,  shall  end  with  such  fiscal  quarter:" 
Provided,  the  state  may,  to  meet  casual  deficits 
or  failures  in  revenues,  contract  debts,  never  to 
exceed  in  the  aggregate  $250,000 ;  and  moneys 
thus  borrowed  shall  be  applied  to  the  purpose 
for  which  they  were  obtained,  or  to  pay  the 
debt  thus  created,  and  to  no  other  purpose ; 
and  no  other  debt,  except  for  the  purpose  of  re¬ 
pelling  invasion,  suppressing  insurrection,  or 
defending  the  state  in  war,  (for  payment  of 
which  the  faith  of  the  state  shall  be  pledged), 
shall  be  contracted,  unless  the  law  authorizing 
the  same  shall,  at  a  general  election,  have  been 
submitted  to  the  people,  and  have  received  a 
majority  of  the  votes  cast  for  members  of  the 
general  assembly  at  such  election.  The  general 
assembly  shall  provide  for  the  publication  of 
said  law  for  three  months,  at  least,  before  the 
vote  of  the  people  shall  be  taken  upon  the  same  ; 
and  provision  shall  be  made,  at  the  time,  for  the 
payment  of  the  interest  annually,  at  it  shall 
accrue,  by  a  tax  levied  for  the  purpose,  or  from 
other  sources  of  revenue ;  which  law,  provid¬ 
ing  for  the  payment  of  such  interest  by  such 
tax,  shall  be  irrepealable  until  such  debt  be 
paid  :  And  provided,  further,  that  the  law  levy¬ 
ing  the  tax  shall  be  submitted  to  the  people 
with  the  law  authorizing  the  debt  to  be  con¬ 
tracted. 

§  19.  The  general  assembly  shall  never  grant 
or  authorize  extra  compensation,  fee  or  allow¬ 
ance  to  any  public  officer,  agent,  servant  or  con¬ 
tractor,  after  service  has  been  rendered  or  a  con¬ 
tract  made,  nor  authorize  the  payment  of  any 
claim,  or  part  thereof,  hereafter  created  against 
the  state  under  any  agreement  or  contract  made 
without  express  authority  of  law ;  and  all  such 
unauthorized  agreements  or  contracts  shall  be 
null  and  void  :  Provided,  the  general  assembly 
may  make  appropriations  for  expenditures  in¬ 
curred  in  suppressing  insurrection  or  repelling 
invasion. 


§  20.  The  state  shall  never  pay,  assume  or 
become  responsible  for  the  debts  or  liabilities  of, 
or  in  any  manner  give,  loan  or  extend  its  credit 
to,  or  in  aid  of  any  public  or  other  corporation, 
association  or  individual. 

PAY  OF  MEMBERS. 

§  21.  The  members  of  the  general  assembly 
shall  receive  for  their  services  the  sum  of  $5  per 
day,  during  the  first  session  held  under  this  con¬ 
stitution,  and  10  cents  for  each  mile  necessarily 
traveled  in  going  to  and  returning  from  the  seat 
of  government,  to  be  computed  by  the  auditor  of 
public  accounts  ;  and  thereafter  such  compensa¬ 
tion  as  shall  be  prescribed  by  law,  and  no  other 
allowance  or  emolument,  directly  or  indirectly, 
for  any  purpose  whatever  ;  except  the  sum  of 
$50  per  session  to  each  member,  which  shall  be 
in  full  for  postage,  stationery,  newspapers,  and 
all  other  incidental  expenses  and  perquisites  ; 
but  no  change  shall  be  made  in  the  compensa¬ 
tion  of  members  of  the  general  assembly  during 
the  term  for  which  they  may  have  been  elected. 
The  pay  and  mileage  allowed  to  each  member 
of  the  general  assembly  shall  be  certified  by  the 
speakers  of  their  respective  houses,  and  entered 
on  the  journals,  and  published  at  the  close  of 
each  session. 

SPECIAL  LEGISLATION  PROHIBITED. 

§  22.  The  general  assembly  shall  not  pass  local 
or  special  laws  in  any  of  the  following  enumer¬ 
ated  cases,  that  is  to  say :  for  — 

Granting  divorces  ; 

Changing  the  names  of  persons  or  places  ; 

Laying  out,  opening,  altering  and  working 
roads  or  highways ; 

Vacating  roads,  town  plats,  streets,  alleys  and 
public  grounds  ; 

Locating  or  changing  county  seats’; 

Regulating  county  and  township  affairs  ; 

Regulating  the  practice  in  courts  of  justice; 

Regulating  the  jurisdiction  and  duties  of  jus¬ 
tices  of  the  peace,  police  magistrates,  and  con¬ 
stables  ; 

Providing  for  changes  of  venue  in  civil  and 
criminal  cases ; 

Incorporating  cities,  towns,  or  villages,  or 
changing  or  amending  the  charter  of  any  town, 
city  or  village ; 

Providing  for  the  election  of  members  of  the 
board  of  supervisors  in  townships,  incorporated 
towns  or  cities ; 

Summoning  and  impaneling  grand  or  petit 
juries ; 

Providing  for  the  management  of  common 
schools ; 

Regulating  the  rate  of  interest  on  money ; 

The  opening  and  conducting  of  any  election, 
or  designating  the  place  of  voting ; 

The  sale  or  mortgage  of  real  estate  belonging 
to  minors  or  others  under  disability ; 

The  protection  of  game  or  fish ; 

Chartering  or  licensing  ferries  or  toll  bridges  ; 

Remitting  fines,  penalties  or  forfeitures  ; 

Creating,  increasing,  or  decreasing  fees,  per¬ 
centage  or  allowances  of  public  officers,  during 


Organic  Laws  of  Illinois. 


__[47] 

Art.  V.  §  1. 


Art.  IV.  §  23.  Constitution  of  1870. 


the  term  for  which  said  officers  are  elected  or 
appointed ; 

Changing  the  law  of  descent ; 

Granting  to  any  corporation,  association  or 
individual  the  right  to  lay  down  railroad  tracks, 
or  amending  existing  charters  for  such  purpose ; 

Granting  to  any  corporation,  association  or 
individual  any  special  or  exclusive  privilege,  im¬ 
munity  or  franchise  whatever. 

In  all  other  cases  where  a  general  law  can  be 
made  applicable,  no  special  law  shall  be  enacted. 

§  23.  The  general  assembly  shall  have  no 
power  to  release  or  extinguish,  in  whole  or  in 
part,  the.  indebtedness,  liability,  or  obligation  of 
any  corporation  or  individual  to  this  state  or  to 
any  municipal  corporation  therein. 

IMPEACHMENT. 

« 

§  24.  The  house  of  representatives  shall  have 
the  sole  power  of  impeachment ;  but  a  majority 
of  all  the  members  elected  must  concur  therein. 
All  impeachments  shall  be  tried  by  the  senate ; 
and  when  sitting  for  that  purpose,  the  senators 
shall  be  upon  oath,  or  affirmation,  to  do  justice 
according  to  law  and  evidence.  When  the  gov- 
ernor  of  the  state  is  tried,  the  chief  justice  shall 
preside.  No  person  shall  be  convicted  without 
the  concurrence  of  two-thirds  of  the  senators 
elected.  But  judgment,  in  such  cases,  shall  not 
extend  further  than  removal  from  office,  and  dis¬ 
qualification  to  hold  any  office  of  honor,  profit 
or  trust  under  the  government  of  this  state.  The 
party,  whether  convicted  or  acquitted,  shall,  nev¬ 
ertheless,  be  liable  to  prosecution,  trial,  judgment 
and  punishment  according  to  law. 

MISCELLANEOUS. 

§  25.  The  general  assembly  shall  provide,  by 
law,  that  the  fuel,  stationery,  and  printing  paper 
furnished  for  the  use  of  the  state ;  the  copying, 
printing,  binding  and  distributing  the  laws  and 
journals,  and  all  other  printing  ordered  by  the 
general  assembly,  shall  be  let  by  contract  to  the 
lowest  responsible  bidder;  but  the  general  as¬ 
sembly  shall  fix  a  maximum  price ;  and  no  mem¬ 
ber  thereof,  or  other  officer  of  the  state,  shall  be 
interested,  directly  or  indirectly,  in  such  con¬ 
tract.  But  all  such  contracts  shall  be  subject  to 
the  approval  of  the  governor,  and  if  he  disap¬ 
proves  the  same  there  shall  be  a  re-letting  of 
the  contract,  in  such  manner  as  shall  be  pre¬ 
scribed  by  law. 

§  26.  The  state  of  Illinois  shall  never  be  made 
defendant  in  any  court  of  law  or  equity. 

§  27.  The  general  assembly  shall  have  no 
power  to  authorize  lotteries  or  gift  enterprises, 
for  any  purpose,  and  shall  pass  laws  to  prohibit 
the  sale  of  lottery  or  gift  enterprise  tickets  in 
tlqs  state. 

§  28.  No  law  shall  be  passed  which  shall  oper¬ 
ate  to  extend  the  term  of  any  public  officer  after 
bis  election  or  appointment. 

§  29.  It  shall  be  the  duty  of  the  general  assem¬ 
bly  to  pass  such  laws  as  may  be  necessary  for 
the  protection  of  operative  miners,  by  providing 
for  ventilation,  when  the  same  may  be  required, 
ind  the  construction  of  escapementeshafts,  or 


such  other  appliances  as  may  secure  safety  in  all 
coal  mines,  and  to  provide  for  the  enforcement 
of  said  laws  by  such  penalties  and  punishments, 
as  may  be  deemed  proper. 

§  30.  The  general  assembly  may  provide  for 
establishing  and  opening  roads  and  cartways, 
connected  with  a  public  road,  for  private  and 
public  use. 

§  31.  The  general  assembly  may  pass  laws 
permitting  the  owners  or  occupants  of'  lands  to 
construct  drains  and  ditches,  for  agricultural  and 
sanitary  purposes,  across  the  lands  of  others. 

§  32.  The  general  assembly  shall  pass  liberal 
homestead  and  exemption  laws. 

§  33.  The  general  assembly  shall  not  appro¬ 
priate  out  of  the  state  treasury,  or  expend  on 
account  of  the  new  capitol  grounds,  and  con¬ 
struction,  completion,  and  furnishing  of  the 
state  house,  a  sum  exceeding,  in  the  aggregate, 
S3, 500, 000,  inclusive  of  all  appropriations  here¬ 
tofore  made,  without  first  submitting  the  propo¬ 
sition  for  an  additional  expenditure  to  the  legal 
voters  of  the  state,  at  a  general  election ;  nor 
unless  a  majority  of  all  the  votes  cast  at  such 
election  shall  be  for  the  proposed  additional  ex 
penditure. 

ARTICLE  V. 

Executive  Department. 

§  1.  Officers  of  (his  Department. 

§  2.  Of  the  Sta'e  ' Treasurer . 

§  3.  Time  of  Electing  State  Officers. 

§  4.  Returns — Tie — Contested  Election. 

§  5.  Eligibility  for  Office. 

§  6.  Governor  —  Power  and  Duty. 

§  7.  His  Message  and  Statement. 

§  8.  Convening  the  General  Assembly. 

§  9.  Proroguing  the  General  Assembly. 

§  10.  Nominations  by  the  Governor. 

§  IT.  Vacancies  may  be  Pilled. 

§  12.  Removals  by  the  Governor. 

§13.  Reprieves  —  Commutations  —  Pardont. 

§  14.  Governor  as  Commander-in- Chief. 

§  15.  Impeachment  for  Misdemeanor. 

§  16.  Veto  of  the  Governor. 

§  17.  Lieutenant  Governor  as  Governor 
§  18.  As  President  of  the  Senate. 

§  19.  Vacancy  in  Governor's  Office. 

§  20.  Vacancy  in  other  State  Offices. 

§  21.  Reports  of  State  Officers. 

§  22.  Great  Seal  of  State. 

§  23.  Fees  and  Salaries. 

§  24.  Definition  of  “  Office .” 

§  25.  Oath  of  Civil  Officers. 

executive  department. 

§  1.  The  executive  department  shall  consist 
of  a  Governor,  Lieutenant  Governor,  Secretary 
of  State,  Auditor  of  Public  Accounts,  Treasurer, 
Superintendent  of  Public  Instruction,  and  Attor¬ 
ney  General,  who  shall,  each,  with  the  excep¬ 
tion  of  the  treasurer,  hold  his  office  for  the  term 
of  four  years  from  the  second  Monday  of  Janu- 
arv  next  after  liis  election,  and  until  his  sue- 
cessor  is  elected  and  qualified.  They  shall,  ex¬ 
cept  the  lieutevant  governor,  reside  at  the  seat 


Organic  Laws  of  Illinois. 


[48] 

Art.  V.  §  2.  Constitution  of  1870.  Art.  V.  §  15. 


of  government  during  their  term  of  office,  and 
keep  the  public  records,  books  and  papers  there, 
and  shall  perform  such  duties  as  may  be  pre¬ 
scribed  by  law. 

§  2.  The  treasurer  shall  hold  his  office  for  the 
term  of  two  years,  and  until  his  successor  is 
elected  and  qualified ;  and  shall  be  ineligible  to 
said  office  for  two  years  next  after  the  end  of  the 
term  for  which  he  was  elected.  He  may  be  re¬ 
quired  by  the  governor  to  give  reasonable  addi¬ 
tional  security,  and  in  (fefault  of  so  doing  his 
office  shall  be  deemed  vacant. 

ELECTION. 

§  3.  An  election  for  governor,  lieutenant  gov¬ 
ernor,  secretary  of  state,  auditor  of  public  ac¬ 
counts,  and  attorney  general,  shall  be  held  on 
the  Tuesday  next  after  the  first  Monday  of  No¬ 
vember,  in  the  year  of  our  Lord  1872.  and  every 
four  years  thereafter ;  for  superintendent  of  pub¬ 
lic  instruction,  on  the  Tuesday  next  after  the 
first  Monday  of  November,  in  the  year  1870,  and 
every  four  years  thereafter ;  and  for  treasurer 
on  the  day  last  above  mentioned,  and  every  two 
years  thereafter,  at  such  places  and  in  such  man¬ 
ner  as  may  be  prescribed  by  law. 

§  4.  The  returns  of  every  election  for  the 
above  named  officers  shall  be  sealed  up  and 
transmitted,  by  the  returning  officers,  to  the 
secretary  of  state,  directed  to  The  Speaker 
of  the  House  of  Representatives,”  who  shall, 
immediately  after  the  organization  of  the  house, 
and  before  proceeding  to  other  business,  open 
and  publish  the  same  in  the  presence  of  a  ma¬ 
jority  of  each  house  of  the  general  assembly, 
who  shall,  for  that  purpose,  assemble  in  the  hall 
of  the  house  of  representatives.  The  person 
having  the  highest  number  of  votes  for  either 
of  said  offices  shall  be  declared  duly  elected ; 
but  if  two  or  more  have  an  equal,  and  the  high¬ 
est,  number  of  votes,  the  general  assembly  shall, 
by  joint  ballot,  choose  one  of  such  persons  for 
said  office.  Contested  elections  for  all  of  said 
offices  shall  be  determined  by  both  houses  of  the 
general  assembly,  by  joint  ballot,  in  such  man¬ 
ner  as  may  be  prescribed  by  law. 

ELIGIBILITY. 

§  5.  No  person  shall  be  eligible  to  the  office 
of  governor,  or  lieutenant  governor,  who  shall 
not  have  attained  the  age  of  30  years,  and  been, 
for  five  years  next  preceding  his  election,  a  citi¬ 
zen  of  the  United  States  and  of  this  state. 
Neither  tire  governor,  lieutenant  governor,  audi¬ 
tor  of  public  accounts,  secretary  of  state,  super¬ 
intendent  of  public  instruction  nor  attorney  gen¬ 
eral  shall  be  eligible  to  any  other  office  during 
the  period  for  which  he  shall  have  been  elected. 

GOVERNOR. 

§  8.  The  supreme  executive  power  shall  be 
vested  in  the  governor,  who  shall  take  care  that 
the  laws  be  faithfully  executed. 

§  7.  The  governor  shall,  at  the  commence¬ 
ment  of  each  session,  and  at  the  close  of  his 
term  of  office,  give  to  the  general  assembly  in¬ 
formation,  by  message,  of  the  condition  of  the 


state,  and  shall  recommend  such  measures  as 
he  shall  deem  expedient.  He  shall  account  to 
the  general  assembly,  and  accompany  his  mes¬ 
sage  with  a  statement  of  all  moneys  received 
and  paid  out  by  him  from  any  funds  subject  to 
his  order,  with  vouchers,  and,  at  the  commence¬ 
ment  of  each  regular  session  present  estimates 
of  the  amount  of  money  required  to  be  raised 
by  taxation  for  all  purposes. 

§  8.  The  governor  may,  on  extraordinary  oc¬ 
casions,  convene  the  general  assembly,  by  proc¬ 
lamation,  stating  therein  the  purpose  for  which 
they  are  convened ;  and  the  general  assembly 
shall  enter  upon  no  business  except  that  for 
which  they  were  called  together. 

§  9.  In  case  of  a  disagreement  between  the 
two  houses  with  respect  to  the  time  of  adjourn¬ 
ment,  the  governor  may,  on  the  same  being 
certified  to  him  by  the  house  first  moving  the 
adjournment,  adjourn  the  general  assembly  to 
such  time  as  he  thinks  proper,  not  beyond  the 
first  day  of  the  next  regular  session. 

§  10.  The  governor  shall  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate, 
(a  majority  of  all  the  senators  elected  concur¬ 
ring,  by  yeas  and  nays),  appoint  all  officers 
whose  offices  are  established  by  this  constitution, 
or  which  may  be  created  by  law,  and  whose  ap¬ 
pointment  or  election  is  not  otherwise  provided 
for ;  and  no  such  officer  shall  be  appointed  or 
elected  by  the  general  assembly. 

§  11.  In  case  of  a  vacancy,  during  the  recess 
of  the  senate,  in  any  office  which  is  not  elective, 
the  governor  shall  make  a  temporary  appoint¬ 
ment  until  the  next  meeting  of  the  senate,  when 
he  shall  nominate  some  person  to  fill  such  office  ; 
and  any  person  so  nominated,  who  is  confirmed 
by  the  senate  (a  majority  of  all  the  senators 
elected  concurring  by  yeas  and  nays),  shall  hold 
his  office  during  the  remainder  of  the  term, 
and  until  his  successor  shall  be  appointed  and 
qualified.  No  person,  after  being  rejected 
by  the  senate,  shall  be  again  nominated  for 
the  same  office  at  the  same  session,  unless  at 
the  request  of  the  senate,  or  be  appointed  to 
the  same  office  during  the  recess  of  the  general 
assembly. 

§  12.  The  governor  shall  have  power  to  re¬ 
move  any  officer  whom  he  may  appoint,  in  case 
of  incompetency,  neglect  of  duty,  or  malfeasance 
in  office  ;  and  he  may  declare  his  office  vacant, 
and  fill  the  same  as  is  herein  provided  in  other 
cases  of  vacancy. 

§  1  3..  The  governor  shall  have  power  to  grant 
reprieves,  commutations  and  pardons,  after  con¬ 
viction,  for  all  offenses,  subject  to  such  regula¬ 
tions  as  may  be  provided  by  law  relative  tc  th« 
manner  of  applying  therefor. 

§  14.  The  governor  shall  be  commander-in 
chief  of  the  military  and  naval  forces  of  the 
state  (except  when  they  shall  be  called  into  the 
service  of  the  United  States)  ;  and  may  call  out 
the  same  to  execute  the  laws,  suppress  insurrec¬ 
tion,  and  repel  invasion. 

§  15.  The  governor,  and  all  .  civil  officers  of 
this  state,  shall  be  liable  to  impeachment  for  any 
misdemeanor  in  office. 


Art.  V.  §  16, 


Organic  Laws  of  Illinois. 


_ [49] 

Art.  V.  §  25. 


Constitution  of  1870. 


VETO. 

§  16.  Every  bill  passed  by  the  general  assem¬ 
bly  shall,  before  it  becomes  a  law,  be  presented 
to  the  governor.  If  he  approve,  h.e  shall  sign  it, 
and  thereupon  it  shall  become  a  law  ;  but  if  he 
do  not  approve,  he  shall  return  it,  with  his  ob¬ 
jections,  to  the  house  in  which  it  shall  have  orig¬ 
inated,  which  house  shall  enter  the  objections  at 
large  upon  its  journal,  and  proceed  to  reconsider 
the  bill.  If',  then,  two-thirds  of  the  members 
elected  agree  to  pass  the  same,  jt  shall  be  sent, 
together  with  the  objections,  to  the  other  house, 
by  which  it  shall  likewise  be  reconsidered  ;  and 
if  approved  by  two-thirds  of  the  members  elected 
to  that  house,  it  shall  become  a  law,  notwith¬ 
standing  the  objections  of  the  governor.  But 
in  ail  such  cases,  the  vote  of  each  house  shall 
be  determined  by  yeas  and  nays,  to  be  entered 
on  the  journal.  Any  bill  which  shall  not  be  re¬ 
turned  by  the  governor  within  10  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to 
him,  shall  become  a  law  in  like  manner  as  if 
he  had  signed  it,  unless  the  general  assembly 
shall,  by  their  adjournment,  prevent  its  re¬ 
turn  ;  in  which  case  it  shall  be  filed,  with  his 
objections,  in  the  office  of  the  secretary  of  state, 
within  10  days  after  such  adjournment,  or  be¬ 
come  a  law. 

LIEUTENANT  GOVERNOR. 

§  1  7.  In  case  of  the  death,  conviction  on  im¬ 
peachment,  failure  to  qualify,  resignation,  ab¬ 
sence  from  the  state,  or  other  disability  of  the 
governor,  the  powers,  duties  and  emoluments  of 
the  office  for  the  residue  of  the  term,  or  until 
the  disability  shall  be  removed,  shall  devolve 
upon  the  lieutenant  governor. 

§  18.  The  lieutenant  governor  shall  be  pres¬ 
ident  of  the  senate,  and  shall  vote  only  when 
the  senate  is  equally  divided.  The  senate  shall 
choose  a  president,  pro  tempore ,  to  preside  in 
case  of  the  absence  or  impeachment  of  the  lieu¬ 
tenant  governor,  or  when  lie  shall  hold  the  office 
of  governor. 

§  19.  If  there  be  no  lieutenant  governor,  or  if 
the  lieutenant  governor  shall,  for  any  of  the 
causes  specified  in  §  17,  of  this  article,  become 
incapable  of  performing  the  duties  of  the  office, 
the  president  of  the  senate  shall  act  as  governor 
until  the  vacancy  is  filled  or  the  disability  re¬ 
moved  ;  and  if  the  president  of  the  senate,  for 
any  of  the  above  named  causes,  shall  become 
incapable  of  performing  the  duties  of  governor, 
the  same  shall  devolve  upon  the  speaker  of  the 
house  of  representatives. 

OTHER  STATE  OFFICERS. 

§  20.  If  the  office  of  auditor  of  public  accounts, 
treasurer,  secretary  of  state,  attorney  general,  or 
superintendent  of  public  instruction  shall  be  va¬ 
cated  bv  death,  resignation  or  otherwise,  it  shall 
be  the  duty  of  the  governor  to  fill  the  same  by 
appointment,  and  the  appointee  shall  hold  his 
office  until  his  successor  shall  be  elected  and 
qualified  in  such  manner  as  may  be  provided  by 
law.  An  account  shall  be  kept  by  the  officers 
d 


of  the  executive  department,  and  of  all  the  pub¬ 
lic  institutions  of  the  state,  of  all  moneys  re¬ 
ceived  or  disbursed  by  them,  severally,  from  all 
sources,  and  for  every  service  performed,  and  a 
semi-annual  report  thereof  be  made  to  the  gov¬ 
ernor,  under  oath  ;  and  any  officer  who  makes  a 
false  report  shall  be  guilty  of  perjury,  and  pun¬ 
ished  accordingly. 

§  21.  The  officers  of  the  executive  department, 
and  of  all  the  public  institutions  of  the  state, 
shall,  at  least  10  days  preceding  each  regular 
session  of  the  general  assembly,  severally  report 
to  the  governor,  who  shall  transmit  such  reports 
to  the  general  assembly,  together  with  the  re¬ 
ports  of  the  judges  of  the  supreme  court  of 
defects  in  the  constitution  and  laws ;  and  the 
governor  may  at  any  time  require  information, 
in  writing,  under  oath,  from  the  officers  of  the 
executive  department,  and  all  officers  and  man¬ 
agers  of  state  institutions,  upon  any  subject  re¬ 
lating  to  the  condition,  management  and  ex- 
penses  of  their  respective  offices. 

THE  SEAL  OF  STATE. 

§  22.  There  shall  be  a  seal  of  the  state,  which 
shall  be  called  the  “  Great  seal  of  the  state  of 
Illinois,”  which  shall  be  kept  by  the  secretary 
of  state,  and  used  by  him,  officially,  as  directed 
by  law. 

FEES  AND  SALARIES. 

§  23.  The  officers  named  in  this  article  shall 
receive  for  their  services  a  salary,  to  be  estab¬ 
lished  by  law,  which  shall  not  be  increased  or 
diminished  during  their  official  terms,  and  they 
shall  not,  after  the  expiration  of  the  terms  of 
those  in  office  at  the  adoption  of  this  constitu¬ 
tion,  receive  to  their  own  use  any  fees,  costs, 
perquisites  of  office,  or  other  compensation.  And 
all  fees  that  may  hereafter  be  payable  by  law  for 
any  services  performed  by  any  officer  provided 
for  in  this  article  of  the  constitution,  shall  be 
paid  in  advance  into  the  state  treasury. 

DEFINITION  AND  OATH  OF  OFFICE. 

§  24.  An  office  is  a  public  position  created  by 
the  constitution  or  law,  continuing  during  the 
pleasure  of  the  appointing  power,  or  for  a  fixed 
time,  with  a  successor  elected  or  appointed.  An 
employment  is  an  agency,  for  a  temporary  pur¬ 
pose,  which  ceases  when  that  purpose  is  accom¬ 
plished. 

§  25.  All  civil  officers,  except  members  of 
the  general  assembly  and  such  inferior  officers 
as  may  be  by  law  exempted,  shall,  before  they 
enter  on  the  duties  of  their  respective  offices, 
take  and  subscribe  the  following  oath  or  affirma¬ 
tion  : 

I  do  solemnlv  swear  (or  affirm,  as  the  case  may  be) 
that  I  will  support  the  constitution  of  the  United  States, 
and  the  constitution  of  the  state  of  Illinois,  and  that  I 

will  faithfully  discharge  the  duties  of  the  office  of - 

according  to  the  best  of  my  ability. 

And  no'  other  oath,  declaration  or  test  shall' 
be  required  as  a  qualification. 


[50] 


Organic  Laws  of  Illinois. 


Art.  VI.  §  1.  Constitution  of  1870.  Art.  VI.  §  6. 


ARTICLE  VI. 

Judicial  Department. 

§  1.  Judicial  Powers  of  Courts. 

§  2.  Seven  Supreme  Judges  —  Four  Decide. 

§  3.  Qualifications  of  a  Supreme  Judge. 

§  4.  ' Terms  of  the  Supreme  Court. 

§  5.  Three  Grand  Divisions  —  Seven  Districts. 

§  6.  Election  of  Supreme  Judges. 

§  7.  Salaries  of  the  Supreme  Judges. 

§  8.  Appeals  and  Writs  of  Error. 

§  9.  Appointment  of  Reporter. 

§10.  Clerks  of  the  Supreme  Court. 

§11.  Appellate  Courts  Au'horized. 

§  12.  Jurisdiction  of  Circuit  Courts. 

§13.  Formation  of  Judicial  Circuits. 

§  14.  Time  of  holding  Circuit  Courts. 

§15.  Circuits  containing  Four  Judges. 

§16.  Salaries  of  the  Circuit  Judges. 

§17.  Qualifications  of  Judge  or  Commissioner. 
§18.  Countg  Judge — County  Clerk. 

§19.  Appeals  from  County  Courts. 

§  20.  Prohate  Courts  Authorized. 

§21.  Justices  of  the  Peace  and  Constables. 

§22.  State’s  Attorney  in  each  County. 

§  23.  Cook  County  Courts  of  Record. 

§  24.  Chief  Justice  —  Power  of  Judges. 

§  25.  Salaries  of  the  Judges. 

§  26.  Criminal  Court  of  Cook  County. 

§27.  Clerks  of  Cook  County  Courts. 

§  28.  Justices  in  Chicago  Appointed. 

§  29.  Uniformity  in  the  Courts. 

§  30.  Removal  of  any  Judge. 

§31.  Judges  to  make  Written  Reports. 

§32.  Terms  of  Office  —  Filling  Vacancies . 

§  33.  Process  —  Prosecutions  —  Population. 

§  I.  The  judicial  powers,  except  as  in  this  arti¬ 
cle  is  otherwise  provided,  shall  be  vested  in  one 
supreme  court,  circuit  courts,  county  courts,  jus¬ 
tices  of  the  peace,  police  magistrates,  and  in 
such  courts  as  may  be  created  by  law  in  and  for 
cities  and  incorporated  towns. 

SUPREME  COURT. 

§  2.  The  supreme  court  shall  consist  of  seven 
judges,  and  shall  have  original  jurisdiction  in 
cases  relating  to  the  revenue,  in  mandamus,  and 
habeas  corpus ,  and  appellate  jurisdiction  in  all 
other  cases.  One  of  said  judges  shall  be  chief 
justice  ;  four  shall  constitute  a  quorum,  and  the 
concurrence  of  four  shall  be  necessary  to  every 
decision. 

§  3.  No  person  shall  be  eligible  to  the  office 
of  judge  of  the  supreme  court  unless  he  shall  be 
be  at  least  30  years  of  age,  and  a  citizen  of  the 
United  States,  nor  unless  he  shall  have  resided 
in  this  state  five  years  next  preceding  his  elec¬ 
tion,  and  be  a  resident  of  the  district  in  which 
he  shall  be  elected. 

§  4.  Terms  of  the  supreme  court  shall  con¬ 
tinue  to  be  held  in  the  present  grand  divisions 
at  the  several  places  now  provided  for  holding 
the  same  ;  and  until  otherwise  provided  by  law, 
one  or  more  terms  of  said  court  shall  be  held, 
for  the  northern  division,  in  the  city  of  Chicago, 
each  year,  at  such  times  as  said  court  may  ap¬ 


point,  whenever  said  city  or  the  county  of  Cook 
shall  provide  appropriate  rooms  therefor,  and 
the  use  of  a  suitable  library,  without  expense  to 
the  state.  The  judicial  divisions  may  be  altered^ 
increased  or  diminished  in  number,  and  the  times 
and  places  of  holding  said  court  may  be  changed 
by  law. 

§  5.  The  present  grand  divisions  shall  be  pre¬ 
served,  and  be  denominated  Southern,  Central 
and  Northern,  until  otherwise  provided  by  law. 
The  state  shall  be  divided  into  seven  district? 
for  the  election. of  judges,  and  until  otherwise 
provided  by  law,  they  shall  be  as  follows  : 

First  District.  —  The  counties  of  St.  Clair, 
Clinton,  Washington,  Jefferson,  Wayne,  Ed¬ 
wards,  Wabash,  White,  Hamilton,  Franklin, 
Perry,  Randolph,  Monroe,  Jackson,  Williamson, 
Saline,  Gallatin,  Hardin,  Pope,  Union,  Johnson, 
Alexander,  Pulaski  and  Massac. 

Second  District.  —  The  counties  of  Madison, 
Bond,  Marion,  Clay,  Richland,  Lawrence,  Craw¬ 
ford,  Jasper,  Effingham,  Fayette,  Montgomery, 
Macoupin,  Shelby,  Cumberland,  Clark,  Greene, 
Jersey,  Calhoun  and  Christian. 

Third  District.  —  The  counties  of  Sangamon, 
Macon,  Logan,  De  Witt,  Piatt,  Douglas,  Cham¬ 
paign,  Vermilion,  McLean,  Livingston,  Ford,  Iro¬ 
quois,  Coles,  Edgar,  Moultrie  and  Tazewell. 

Fourth  District.  —  The  counties  of  F ulton, 
McDonough,  Hancock,  Schuyler,  Brown,  Adams, 
Pike,  Mason,  Menard,  Morgan,  Cass  and  Scott. 

Fifth  District. —  The  counties  of  Knox,  War¬ 
ren,  Henderson,  Mercer,  Henry,  Stark,  Peoria, 
Marshall,  Putnam,  Bureau,  La  Salle,  Grundy 
and  Woodford. 

Sixth  District.  —  The  counties  of  Whiteside, 
Carroll,  Jo  Daviess,  Stephenson,  Winnebago, 
Boone,  McHenry,  Kane,  Kendall,  De  Kalb,  Lee, 
Ogle  and  Rock  Island. 

Seventh  District.  —  The  counties  of  Lake, 
Cook,  Will,  Kankakee  and  Du  Page. 

The  boundaries  of  the  districts  may  be  changed 
at  the  session  of  the  general  assembly  next  pre¬ 
ceding  the  election  for  judges  therein,  and  at  no 
other  time  ;  but  whenever  such  alterations  shall 
be  made,  the  same  shall  be  upon  the  rule  of 
equality  of  population,  as  nearly  as  county 
boundaries  will  allow,  and  the  districts  shall  be 
composed  of  contiguous  counties,  in  as  nearly 
compact  form  as  circumstances  will  permit.  The 
alteration  of  the  districts  shall  not  affect  the  ten 
ure  of  office  of  any  judge. 

§  6.  At  the  time  of  voting  on  the  adoption 
of  this  constitution,  one  judge  of  the  supreme 
court  shall  be  elected  by  the  electors  thereof,  in 
each  of  said  districts  numbered  two,  three,  six, 
and  seven,  who  shall  hold  his  office  for  the  term 
of  nine  years  from  the  first  Monday  of  June,  in 
the  year  of  our  Lord  1870.  The  term  of  office 
of  judges  of  the  supreme  court,  elected  after  the 
adoption  of  this  constitution,  shall  be  nine  years  ; 
and  on  the  first  Monday  of  June  of  the  year  in 
which  the  term  of  any  of  the  judges  in  office  at 
the  adoption  of  this  constitution,  or  of  the  judges 
then  elected,  shall  expire,  and  every  nine  years 
thereafter,  there  shall  be  an  election  for  the  suc¬ 
cessor  or  successors  of  such  judges,  in  the  re- 


Organic  Laws  of  Illinois. 

Constitution  of‘  1870. 


Art.  VI.  §  7. 

spective  districts  wherein  the  term  of  such  judges 
shall  expire.  The  chief  justice  shall  continue 
to  act  as  such  until  the  expiration  of  the  term 
for  which  he  was  elected,  after  which  the  judges 
shall  choose  one  of  their  number  chief  justice. 

§  7.  From  and  after  the  adoption  of  this  con¬ 
stitution,  the  judges  of  the  supreme  court  shall 
each  receive  a  salary  of  $4,000  per  annum,  pay¬ 
able  quarterly,  until  otherwise  provided  by  law. 
And  after  said  salaries  shall  be  fixed  by  law,  the 
salaries  of  the  judges  in  office  shall  not  be 
increased  or  diminished  during  the  terms  for 
which  said  judges  shall  have  been  elected. 

§  8.  Appe  ds  and  writs  of  error  may  be  taken 
to  the  supreme  court,  held  in  the  grand  division 
jn  which  the  case  is  decided,  or,  by  consent  of 
the  parties,  to  any  other  grand  division. 

§  9.  The  supreme  court  shall  appoint  one 
reporter  of  its  decisions,  who  shall  hold  his  office 
for  six  years,  subject  to  removal  by  the  court. 

§  10.  At  the  time  of  the  election  for  represent¬ 
atives  in  the  general  assembly,  happening  next 
preceding  the  expiration  of  the  terms  of  office 
of  the  present  clerks  of  said  court,  one  clerk  of 
said  court  for  each  division  shall  be  elected, 
whose  term  of  office  shall  be  six  years  from  said 
election,  but  who  shall  not  enter  upon  the  duties 
of  his  office  until  the  expiration  of  the  term  of 
his  predecessor,  and  every  six  years  thereafter, 
one  clerk  of  said  court  for  each  division  shall 
be  elected. 

APPELLATE  COURTS. 

§  11.  After  the  year  of  our  Lord  1874  infe¬ 
rior  appellate  courts,  of  uniform  organization 
and  jurisdiction,  may  be  created  in  districts 
formed  for  that  purpose,  to  which  such  appeals 
and  writs  of  error  as  the  general  assembly  may 
provide,  may  be  prosecuted  from  circuit  and 
other  courts,  and  from  which  appeals  and  writs 
of  error  shall  lie  to  the  supreme  court,  in  all 
criminal  cases,  and  cases  in  which  a  franchise, 
or  freehold,  or  the  validity  of  a  statute  is  in¬ 
volved,  and  in  such  other  cases  as  may  be  pro¬ 
vided  by  law.  Such  appellate  courts  shall  be 
held  by  such  number  of  judges  of  the  circuit 
courts,  and  at  such  times  and  places,  and  in  such 
manner,  as  may  be  provided  by  law ;  but  no 
judge  shall  sit  in  review  upon  cases  decided  by 
him  ;  nor  shall  said  judges  receive  any  addi¬ 
tional  compensation  for  such  services. 

CIRCUIT  COURTS. 

§  12.  The  circuit  courts  shall  have  original 
jurisdiction  of  all  causes  in  law  and  equity,  and 
such  appellate  jurisdiction  as  is  or  may  be  pro¬ 
vided  by  law,  and  shall  hold  two.  or  more  terms 
each  year  in  every  county.  The  terms  of  office 
of  judges  of  circuit  courts  shall  be  six  years. 

§  13.  The  state,  exclusive  of  the  county  of 
Cook  and  other  counties  having  a  population  of 
100,000,  shall  be  divided  into  judicial  circuits, 
prior  to  the  expiration  of  the  terms  of  office  of 
the  present  judges  of  the  circuit  courts.  Such 
circuits  shall  be  formed  of  contiguous  counties, 
in  as  nearly  compact  form  and  as  nearly  equal 
is  circumstances  will  permit,  having  due  regard 


_ [61] 

Art.  VI.  §  18. 

to  business,  territory  and  population,  and  t^h all 

not  exceed  in  number  one  circuit  for  every 

100,000  of  population  in  the  state.  One  judge 

shall  be  elected  for  each  of  said  circuits  by  the 

electors  thereof.  New  circuits  mav  be  formed 

%/ 

and  the  boundaries  of  circuits  changed  by  the 
general  assembly,  at  its  session  next  preceding 
the  election  for  circuit  judges,  but  at  no  other 
time  :  Provided,  that  the  circuits  may  be  equal¬ 
ized  or  changed  at  the  first  session  of  the  «»en- 
eral  assembly,  after  the  adoption  of  this  consti¬ 
tution.  The  creation,  alteration  or  change  oi 
any  circuit  shall  not  effect  the  t entire  of  office 
of  any  judge.  Whenever  the  business  of  the 
circuit  court  of  any  one,  or  of  two  or  more  con- 
tiguous  counties,  containing  a  population  exceed¬ 
ing  50.000,  shall  occupy  nine  months  of  the 
year,  the  general  assembly  may  make  of  such 
county,  or  counties,  a  separate  circuit.  When¬ 
ever  additional  circuits  are  created,  the  forego- 
ing  limitations  shall  be  observed. 

§  14.  The  general  assembly  shall  provide  for 
the  times  of  holding  court  in  each  county ; 
which  shall  not  be  changed,  except  by  the  gen¬ 
eral  assembly  next  preceding  the  general  elec¬ 
tion  for  judges  of  said  courts  ;  but  additional 
terms  may  be  provided  for  in  any  county.  The 
election  for  judges  of  the  circuit  courts  shall  be 
held  on  the  first  Monday  in  June,  in  the  year  of 
our  Lord  1873,  and  every  six  years  thereafter. 

§  15.  The  general  assembly  may  divide  the 
state  into  judicial  circuits  of  greater  population 
and  territory,  in  lieu  of  the  circuits  provided  for 
in  §  13  of  this  article,  and  provide  for  the  elec¬ 
tion  therein,  severally,  by  the  electors  thereof,  by 
general  ticket,  of  not  exceeding  four  judges,  who 
shall  hold  the  circuit  courts  in  the  circuit  for 
which  thev  shall  be  elected,  in  such  manner  as 
may  be  provided  by  law. 

§  16.  From  and  after  the  adoption  of  this 
constitution,  judges  of  the  circuit  courts  shall 
receive  a  salary  of  $3,000  per  annum,  payable 
quarterly,  until  otherwise  provided  by  law.  And 
after  their  salaries  shall  be  fixed  by  law,  they 
shall  not.be  increased  or  diminished  during  the 
terms  for  which  said  judges  shall  be,  respec¬ 
tively,  elected  ;  and  from  and  after  the  adoption 
of  this  constitution,  no  judge  of  the  supreme  or 
circuit  court  shall  receive  any  other  compensa¬ 
tion,  perquisite  or  benefit,  in  any  form  whatso¬ 
ever,  nor  perform  any  other  than  judicial  duties 
to  which  may  belong  any  emoluments. 

§  17.  No  person  shall  be  eligible  to  the  office 
of  judge  of  the  circuit  or  any  inferior  court,  or 
to  membership  in  the  “  Board  of  county  com¬ 
missioners,”  unless  he  shall  be  at  least  25  years 
of  age,  and  a  citizen  of  the  United  States,  nor 
unless  he  shall  have  resided  in  this  State  five 
years  next  preceding  his  election,  and  be  a 
resident  of  the  circuit,  county,  city,  cities,  or 
incorporated  town  in  which  he  shall  be  elected. 

COUNTY  COURTS. 

§  18.  There  shall  be  elected  in  and  for  each 
county,  one  county  judge  and  one  clerk  of  the 
county  court,  whose  terms  of  office  shall  be  four 
years.  But  the  general  assemblv  may  create 


[52] 


Organic  Laws  of  Illinois. 


Art.  VI.  §  19.  Constitution  of  1870.  Art.  VI.  §  28.' 


districts  of  two  or  more  contiguous  counties,  in 
eacli  of  which  shall  be  elected  one  judge,  who 
shall  take  the  place  of,  and  exercise  the  powers 
and  jurisdiction  of  county  judges  in  such  districts. 
County  courts  shall  be  courts  of  record,  and 
shall  have  original  jurisdiction  in  all  matters  of 
probate  ;  settlement  of  estates  of  deceased  per¬ 
sons  ;  appointment  of  guardians  and  conserva¬ 
tors,  and  settlements  of  their  accounts ;  in  all 
matters  relating  to  apprentices ;  and  in  proceed¬ 
ings  for  the  collection  of  taxes  and  assessments, 
and  such  other  jurisdiction  as  may  be  provided 
for  by  general  law. 

§  19.  Appeals  and  writs  of  error  shall  be 
allowed  from  final  determinations  of  county 
courts,  as  may  be  provided  by  law. 

PROBATE  COURTS. 

§  20.  The  general  assembly  may  provide  for 
the  establishment  of  a  probate  court  in  each 
county  having  a  population  of  over  50,000,  and 
for  the  election  of  a  judge  thereof,  whose  term 
of  office  shall  be  the  same  as  that  of  the  county 
judge,  and  who  shall  be  elected  at  the  same  time 
and  in  the  same  manner.  Said  courts,  when 
established,  shall  have  original  jurisdiction  of  all 
probate  matters,  the  settlement  of  estates  of 
deceased  persons,  the  appointment  of  guardians 
and  conservators,  and  settlements  of  their  ac¬ 
counts  ;  in  all  matters  relating  to  apprentices, 
and  in  cases  of  the  sales  of  real  estate  of  de¬ 
ceased  persons  for  the  payment  of  debts. 

JUSTICES  OF  THE  PEACE  AND  CONSTABLES. 

% 

§  21.  Justices  of  the  peace,  police  magis¬ 
trates,  and  constables  shall  be  elected  in  and 
for  such  districts  as  are,  or  may  be,  provided  by 
law,  and  the  jurisdiction  of  such  justices  of  the 
peace  and  police  magistrates  shall  be  uniform. 

state’s  attorneys. 

§  22.  At  the  election  for  members  of  the  gen¬ 
eral  assembly  in  the  year  of  our  Lord  1872,  and 
every  four  years  thereafter,  there  shall  be  elected 
a  state’s  attorney  in  and  for  each  county,  in 
lieu  of  the  state’s  attorneys  now  provided  by 
law,  whose  term  of  office  shall  be  four  years. 

COURTS  OF  COOK  COUNTY. 

§  23.  The  county  of  Cook  shall  be  one  judi¬ 
cial  circuit.  The  circuit  court  of  Cook  county 
shall  consist  of  five  judges,  until  their  number 
shall  be  increased,  as  herein  provided.  The 
present  judge  of  the  recorder’s  court  of  the  city 
of  Chicago,  and  the  present  judge  of  the  circuit 
coui’t  of  Cook  county,  shall  be  two  of  said  judges, 
and  shall  remain  in  office  for  the  terms  for  which 
they  were  respectively  elected,  and  until  their 
successors  shall  be  elected  and  qualified.  The 
superior  court  of  Chicago  shall  be  continued,  and 
called  the  superior  court  of  Cook  county.  The 
general  assembly  may  increase  the  number  pf 
said  judges,  by  adding  one  to  either  of  said 
courts  for  every  additional  50,000  inhabitants 
in  said  county,  over  and  above  a  population 
of  400.000.  The  terms  of  office  of  the  judges 


of  said  courts  hereafter  elected,  shall  be  six 
years. 

§  24.  The  judge  having  the  shortest  unex¬ 
pired  term  shall  be  chief  justice  of  the  court  of 
which  he  is  a  judge.  In  case  there  are  two  or 
more  whose  terms  expire  at  the  same  time,  it 
may  be  determined  by  lot  which  shall  be  chief 
justice.  Any  judge  of  either  of  said  courts  shall 
have  all  the  powers  of  a  circuit  judge,  and  may 
hold  the  court  of  which  he  is  a  member.  Each 
of  them  may  hold  a  different  branch  thereof  at 
the  same  time.  « 

§  25.  The  judges  of  the  superior  and  circuit 
courts,  and  the  state’s  attorney,  in  said  county, 
shall  receive  the  same  salaries,  payable  out  of 
the  state  treasury,  as  is  or  may  be  paid  from 
said  treasury  to  the  circuit  judges  and  state’s  at¬ 
torneys  of  the  state,  and  such  further  compensa¬ 
tion,  to  be  paid  by  the  county  of  Cook,  as  is 
or  may  be  provided  by  law ;  such  compensation 
shall  not  be  changed  during  their  continuance  in 
office! 

§  26.  The  recorder’s  court  of  the  city  of 
Chicago  shall  be  continued,  and  shall  be  called 
the  “  Criminal  court  of  Cook  county.”  It  shall 
have  the  jurisdiction  of  a  circuit  court,  in  all 
cases  of  criminal  and  quasi  criminal  nature,  aris¬ 
ing  in  the  county  of  Cook,  or  that  may  be 
brought  before  said  court  pursuant  to  law  ;  and 
all  recognizances  and  appeals  taken  in  said 
county,  in  criminal  and  quasi  criminal  cases 
shall  be  returnable  and  taken  to  said  court.  It 
shall  have  no  jurisdiction  in  civil  cases,  except 
in  those  on  behalf  of  the  people,  and  incident  to 
such  criminal  or  quasi  criminal  matters,  and  to 
dispose  of  unfinished  business.  The  terms  o* 
said  criminal  court  of  Cook  county  shall  be  held 
by  one  or  more  of  the  judges  of  the  circuit  or 
superior  court  of  Cook  county,  as  nearly  as  may 
be  in  alternation,  as  may  be  determined  by  said 
judges,  or  provided  by  law.  Said  judges  shall 
be,  ex-officio,  judges  of  said  court. 

§  27.  The  present  clerk  of  the  recorder’s 
court  of  the  city  of  Chicago,  shall  be  the  clerk 
of  the  criminal  court  of  Cook  county,  during 
the  term  for  which  he  was  elected.  The  pres¬ 
ent  clerks  of  the  superior  court  of  Chicago,  and 
the  present  clerk  of  the  circuit  court  of  Cook 
county,  shall  continue  in  office  during  the  terms 
for  which  they  were  respectively  elected  ;  and 
thereafter  there  shall  be  but  one  clerk  of  the  supe¬ 
rior  court,  to  be  elected  by  the  qualified  electors 
of  said  county,  who  shall  hold  his  office  for  the 
term  of 'four  years,  and  until  his  successor  is 
elected  and  qualified. 

§  28.  All  justices  of  the  peace  in  the  city  of 
Chicago  shall  be  appointed  by  the  governor,  by 
and  with  the  advice  and  consent  of  the  senate, 
(but  only  upon  the  recommendation  of  a  major¬ 
ity  of  the  judges  of  the  circuit,  superior  and 
county  courts),  and  for  such  districts  as  are  now 
or  shall  hereafter  be  provided  by  law.  They  . 
shall  hold  their  offices  for  four  years,  and  until 
their  successors  have  been  commissioned  and 
qualified,  but  they  may  be  removed  by  summary 
proceeding  in  the  circuit  or  superior  court,  for 
extortion  or  other  malfeasance.  Existing  jus* 


Art.  VI  §  29. 


Organic  Laws  of  Illinois. 


_ [55] 

Ait.  VIII.  §  2. 


Constitution  of  1870. 


ARTICLE  VII. 
Suffrage. 


tices  of  the  peace  and  police  magistrates  may 
hold  their  offices  until  the  expiration  of  their  re¬ 
spective  terms. 

GENERAL  PROVISIONS. 

• 

§  29.  All  judicial  officers  shall  be  commis¬ 
sioned  by  the  governor.  All  laws  relating  to 
courts  shall  be  general,  and  of  uniform  opera¬ 
tion  ;  and  the  organization,  jurisdiction,  powers, 
proceedings  and  practice  of  all  courts,  of  the 
same  class  or  grade,  so  far  as  regulated  by  law, 
‘and  the  force  and  effect  of  the  process,  judg¬ 
ments  and  decrees  of  such  courts,  severally,  shall 
be  uniform. 

§  30.  The  general  assembly  may,  for  cause 
entered  on  the  journals,  upon  -due  notice  and 
opportunity  of  defense,  remove  from  office  any 
judge,  upon  concurrence  of  three- fourths  of  all 
the  members  elected,  of  each  house.  All  other 
officers  in  this  article  mentioned,  shall  be  re¬ 
moved  from  office  on  prosecution  and  final  con¬ 
viction,  for  misdemeanor  in  office. 

§  31.  All  judges  of  courts  of  record,  inferior 
to  the  supreme  court,  shall,  on  or  before  the  first 
day  of  June,  of  each  year,  report  in  writing  to 
the  judges  of  the  supreme  court,  such  defects  and 
omissions  in  the  laws  as  their  experience  may 
suggest ;  and  the  judges  of  the  supreme  court 
shall,  on  or  before  the  first  day  of  January,  of 
each  year,  report  in  writing  to  the  governor  such 
defects  and  omissions  in  the  constitution  and 
laws  as  they  may  find  to  exist,  together  with  ap¬ 
propriate  forms  of  bills  to  cure  such  defects  and 
emissions  in  the  laws.  And  the  judges  of  the 
several  circuit  courts  shall  report  to  the  next 
general  assembly  the  number  of  days  they  have 
held  court,  in  the  several  counties  composing 
their  respective  circuits,  the  preceding  two  years. 

§  32.  All  officers  provided  for  in  this  article 
shall  hold  their  offices  until  their  successors  shall 
be  qualified,  and  they  shall,  respectively,  reside 
in  the  division,  circuit,  county  or  district  for 
which  they  may  be  elected  or  appointed.  The 
terms  of  office  of  all  such  officers,  where  not  oth¬ 
erwise  prescribed  in  this  article,  shall  be  four 
years.  All  officers,  where  not  otherwise  pro¬ 
vided  for  in  this  article,  shall  perform  such  du¬ 
ties  and  receive  such  compensation  as  is,  or  may 
be,  provided  by  law.  Vacancies  in  such  elective 
offices  shall  be  filled  by  election ;  but  where  the 
unexpired  term  does  not  exceed  one  year,  the 
vacancy  shall  be  filled  by  appointment,  as  fol¬ 
lows :  Of  judges,  by  the  governor;  of  clerks  of 
courts,  by  the  court  to  which  the  office  apper¬ 
tains,  or  by  the  judge  or  judges  thereof ;  and  of 
all  such  other  offices,  by  the  board  of  supervisors, 
or  board  of  county  commissioners,  in  the  county 
where  the  vacancy  occurs. 

§  33.  All  process  shall  run ;  In  the  name  of 
the  People  of  the  State  of  Illinois ;  and  all  pros¬ 
ecutions  shall  be  carried  on ;  In  the  name  and 
by  the  authority  of  the  People  of  the  State  of  Illi¬ 
nois ;  and  conclude;  Against  the  peace  and  dig¬ 
nity  of  the  same.  “  Population,”  wherever  used 
in  this  article,  shall  be  determined  by  the  next 
preceding  census  of  this  state,  or  of  the  United 
States. 


§  1.  Who  are  Entitled  to  Vote. 

§  2.  All  Voting  to  be  by  Ballot. 

§  3.  Privileges  of  Electors. 

§  4.  Absence  on  Public  Business. 

§  5.  Soldier  not  Deemed  a  Resident. 

§  6.  Qualifications  for  Office. 

§  7.  Persons  Convicted  of  Crime. 

§  1.  Every  person  having  resided  in  this  state 
one  year,  in  the  county  90  days,  and  in  the  elec¬ 
tion  district  30  days  next  preceding  any  election 
therein,  who  was  an  elector  in  this  state  on  the 
first  day  of  April,  in  the  year  of  our  Lord  1848, 
or  obtained  a  certificate  of  naturalization,  before 
any  court  of  record  in  this  state,  prior  to  the 
first  day  of  January,  in  the  year  of  our  Lord 
1870,  or  who  shall  be  a  male  citizen  of  the 
United  States,  above  the  age  of  21  years,  shall 
be  entitled  to  vote  at  such  election. 

§  2.  All  votes  shall  be  by  ballot. 

§  3.  Electors  shall,  in  all  cases  except  treason, 
felony,  or  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  elections,  and 
in  going  to  and  returning  from  the  same.  And 
no  elector  shall  be  obliged  to  do  military  duty 
on  the  days  of  election,  except  in  time  of  war  or 
public  danger. 

§  4.  No  elector  shall  be  deemed  to  have  lost 
his  residence  in  this  state  by  reason  of  his  ab¬ 
sence  on  the  business  of  the  United  States,  or 
of  this  state,  or  in  the  military  or  naval  service 
of  the  United  States. 

§  5.  No  soldier,  seaman  or  marine  in  the  army 
or  navy  of  the  United  States,  shall  be  deemed  a 
resident  of  this  state  in  consequence  of  being 
stationed  therein. 

§  6.  No  person  shall  be  elected  or  appointed 
to  any  office  in  this  state,  civil  or  military,  who 
is  not  a  citizen  of  the  United  States,  and  who  * 
shall  not  have  resided  in  this  state  one  year  next 
preceding  the  election  or  appointment. 

§  7.  The  general  assembly  shall  pass  laws  ex¬ 
cluding  from  the  right  of  suffrage  persons  con¬ 
victed  of  infamous  crimes. 

ARTICLE  VIII. 

Education. 

§  1.  Free  Schools  Established. 

§  2.  Gifts  or  Grants  in  aid  of  Schoo's. 

§  3.  Public  Schools  not  to  be  Sectarian. 

§  4.  School  Officers  not  Interested. 

§  5.  County  Superintendent  of  Schools. 

§  1.  The  general  assembly  shall  provide  a 
thorough  and  efficient  system  of  free  schools, 
whereby  all  children  of  this  state  may  receive 
a  good  common  school  education. 

§  2.  All  lands,  moneys,  or  other  property, 
v  donated,  granted  or  received  for  school,  college, 
seminary  or  university  purposes,  and  the  pro¬ 
ceeds  thereof,  shall  be  faithfully  applied  to  the 
objects  for  which  such  gifts  or  grants  were  made, 


Organic  Laws  of  Illinois. 


L5f] 

Art.  VIII.  §  3.  Constitution  of  1870.  Art.  IX.  §  10 


§  3.  Neither  the  general  assembly  nor  any 
county,  city,  town,  township,  school  district,  or 
other  public  corporation,  shall  ever  make  any 
appropriation  or  pay  from  any  public  fund  what¬ 
ever,  anything  in  aid  of  any  church  or  sectarian 
purpose,  or  to  help  support  or  sustain  any  school, 
academy,  seminary,  college,  university,  or  other 
literary  or  scientific  institution,  controlled  by 
any  church  or  sectarian  denomination  whatever ; 
nor  shall  any  grant  or  donation  of  land,  money, 
or  other  personal  property  ever  be  made  by  the 
state,  or  any  such  public  corporation,  to  any 
church,  or  for  any  sectarian  purpose.  ' 

§  4.  No  teacher,  state,  county,  township,  or 
district  school  officer  shall  be  interested  in  the 
sale,  proceeds  or  profits  of  any  book,  apparatus 
or  furniture,  used  or  to  be  used,  in  any  school  in 
this  state,  with  which  such  officer  or  teacher  may 
be  connected,  under  such  penalties  as  may  be 
provided  by  the  general  assembly. 

§  5.  There  may  be  a  county  superintendent 
of  schools  in  each  county  whose  qualifications, 
powers,  duties,  compensation,  and  time  and  man¬ 
ner  of  election,  and  term  of  office,  shall  be  pre¬ 
scribed  by  law. 

ARTICLE  IX. 

Revenue. 

§  1.  Principles  of  Taxation  Stated. 

§  2.  Other  and  farther  Taxation. 

§  3.  Property  Exempt  from  Taxation. 

§  4.  Sale  of  Real  Property  for  Taxes. 

§  5.  Right  of  Redemption  therefrom. 

§  6.  Release  from  Taxation  Forbidden. 

§  7.  Taxes  paid  into  State  Treasury. 

§  8.  Limitation  on  County  Taxes. 

§  9.  Local  Municipal  Improvements. 

§10.  Taxation  of  Municipal  Corporations. 

§11.  Defaulter  not  to  be  Eligible. 

§12.  Limitation  on  Municipal  Indebtedness. 

§  1.  The  general  assembly  shall  provide  such 
revenue  as  may  be  needful,  by  levying  a  tax,  by 
valuation,  so  that  every  person  and  corporation 
shall  pay  a  tax  in  proportion  to  the  value  of  his, 
her,  or  its  property — -such  value  to  be  ascer¬ 
tained  by  some  person  or  persons,  to  be  elected 
or  appointed  in  such  manner  as  the  general  as¬ 
sembly  shall  direct,  and  not  otherwise ;  but  the 
general  assembly  shall  have  power  to  tax  ped- 
lers,  auctioneers,  brokers,  hawkers,  merchants, 
commission  merchants,  showmen,  iuo-oders,  inn- 
keepers,  grocery-keepers,  liquor  dealers,  toll 
bridges,  ferries,  insurance,  telegraph  and  express 
interests  or  business,  venders  of  patents,  and 
persons  or  corporations  owning  or  using  fran¬ 
chises  and  privileges,  in  such  manner  as  it  shall, 
from  time  to  time,  direct  by  general  law,  uniform 
as  to  the  class  upon  which  it  operates. 

§  2.  The  specification  of  the  objects  and  sub¬ 
jects  of  taxation  shall  not  deprive  the  general 
assembly  of  the  power  to  require  other  subjects 
or  objects  to  be  taxed,  in  such  manner  as  may 
be  consistent  with  the  principles  of  taxation 
fixed  in  this  constitution. 


§  3.  The  property  of  the  state,  counties,  and 
other  municipal  corporations,  both  real  and  per¬ 
sonal,  and  such  other  property,  as  may  be  used 
exclusively  for  agricultural  and  horticultural  so¬ 
cieties,  for  school,  religious,  cemetery  and  char¬ 
itable  purposes,  may  be  exempted  from  taxation  ; 
but  such  exemption  shall  be  only  by  general 
law.  In  the  assessment  of  real  estate  incum¬ 
bered  by  public  easement,  any  depreciation  oc¬ 
casioned  by  such  easement  may  be  deducted  in 
the  valuation  of  such  property. 

§  4.  The  general  assembly  shall  provide,  in  * 
all  cases  where  it  may  be  necessary  to  sell  real 
estate  for  the  non-payment  of  taxes  or  special 
assessments,  for  state,  county,  municipal,  or  other 
purposes,  that  a  return  of  such  unpaid  taxes  or 
assessments  shall  be  made  to  some  general  offi¬ 
cer,  of  the  county,  having  authority  to  receive 
state  and  county  taxes ;  and  there  shall  be  no 
sale  of  said  property  for  any  of  said  taxes  or 
assessments  but  by  said  officer,  upon  the  order 
or  judgment  of  some  court  of  record. 

§  5.  The  right  of  redemption  from  all  sales  of 
real  estate,  for  the  non-payment  of  taxes  or  spe¬ 
cial  assessments  of  any  character,  whatever,  shall 
exist  in  favor  of  owners  and  persons  interested 
in  such  real  estate,  for  a  period  of  not  less  than 
two  years  from  such  sales  thereof.  And  the  gen¬ 
eral  assembly  shall  provide,  by  law,  for  reason¬ 
able  notice  to  be  given  to  the  owners  or  parties 
interested,  by  publication  or  otherwise,  of  the 
fact  of  the  sale  of  the  property  for  such  taxes  or 
assessments,  and  when  the  time  of  redemption 
shall  expire  :  Provided ,  that  occupants  shall  in 
all  cases  be  served  with  personal  notice  before 
the  time  of  redemption  expires. 

§  6.  The  general  assembly  shall  have  no  power 
to  release  or  discharge  any  county,  city,  town¬ 
ship,  town  or  district,. whatever,  or  the  inhabit¬ 
ants  thereof,  or  the  property  therein,  frpm  their 
or  its  proportionate  share  of  taxes  to  be  levied 
for  state  purposes,  nor  shall  commutation  for 
such  taxes  be  authorized  in  any  form  whatso¬ 
ever. 

§  7.  All  taxes  levied*  for  state  purposes  shall 
be  paid  into  the  state  treasury. 

§  8.  County  authorities  shall  never  assess  tax¬ 
es,  the  aggregate  of  which  shall  exceed  75  cents 
per  $100  valuation,  except  for  the  payment  of 
indebtedness  existing  at  the  adoption  of  this 
constitution,  unless  authorized  by  a  vote  of  the 
people  of  the  county. 

§  9.  The  general  assembly  may  vest  the  cor¬ 
porate  authorities  of  cities,  towns,  and  villages, 
with  power  to  make  local  improvements  by  spe¬ 
cial  assessment  or  by  special  taxation  of  con¬ 
tiguous  property,  or  otherwise.  For  all  other 
corporate  purposes,  all  municipal  corporations 
may  be  vested  with  authority  to  assess  and  col¬ 
lect  taxes ;  but  such  taxes  shall  be  uniform,  in 
respect  to  persons  and  property,  within  the  ju¬ 
risdiction  of  the  body  imposing  the  same. 

§  10.  The  general  assembly  shall  not  impose 
taxes  upon  municipal  corporations,  or  the  in¬ 
habitants  or  property  thereof,  for  corporate  pur¬ 
poses,  but  shall  require  that  all  the  taxable 
property  within  the  limits  of  municipal  corpo- 


Organic  Laws  of  Illinois. 


[55] 

Art.  IX.  §  11.  Constitution  of  1870.  Art.  X.  §  0. 


rations  shall  be  taxed  for  the  payment  of  debts 
contracted  under  authority  of  law,  such  taxes  to 
be  uniform  in  respect  to  persons  and  property, 
within  the  jurisdiction  of  the  body  imposing  the 
same.  Private  property  shall  not  be  liable  to 
be  taken  or  sold  for  the  payment  of  the  corpo¬ 
rate  debts  of  a  municipal  corporation. 

§  11.  No  person  who  is  in  default,  as  collector 
or  custodian  of  money  or  property  belonging  to 
a  municipal  corporation  shall  be  eligible  to  any 
olhce  in  or  under  such  corporation.  The  fees, 
salary  or  compensation  of  no  municipal  officer 
who  is  elected  or  appointed  for  a  definite  term 
of  office,  shall  be  increased  or  diminished  during 
such  term. 

§  12.  No  county,  city,  township,  school  dis¬ 
trict,  or  other  municipal  corporation,  shall  be 
allowed  to  become  indebted  in  any  manner  or 
for  any  purpose,  to  an  amount,  including  exist¬ 
ing  indebtedness,  in  the  a<i<ire<Tate  exceeding; 
five  per  centum  on  the  value  of  the  taxable 
property  therein,  to  be  ascertained  by  the  last 
assessment  for  state  and  county  taxes,  previous 
to  the  incurring  of  such  indebtedness.  Any 
county,  city,  school  district,  or  other  municipal 
corporation,  incurring  any  indebtedness  as  afore¬ 
said,  shall  before,  or  at  the  time  of  doing  so, 
provide  for  the  collection  of  a  direct  annual  tax 
sufficient  to  pay  the  interest  on  such  debt,  as  it 
falls  due,  and  also  to  pay  and  discharge  the 
principal  thereof  within  20  years  from  the  time 
of  contracting  the  same.  This  section  shall  not 
be  construed  to  prevent  any  county,  city,  town¬ 
ship,  school  district,  or  other  municipal  corpora¬ 
tion,  from  issuing  their  bonds  in  compliance  with* 
any  vote  of  the  people  which  may  have  been 
had  prior  to  the  adoption  of  this  Constitution  in 
pursuance  of  any  law  providing  therefor. 

• 

ARTICLE  X. 

Counties. 

§  1.  Formation  of  New  Counties. 

§  2.  Division  of  any  County. 

§  3.  Territory  stricken  from  a  County. 

§  4.  Removal  of  a  County  Seat. 

§  5.  Methods  of  County  Government. 

§  6.  Board  of  County  Commissioners. 

§  7.  County  a  ffairs  in  ' Cook  Coun  ty. 

§  8.  County  Officers — Terms  of  Office. 

§  9.  Salaries  and  Fees  in  Cook  County. 

§  10.  Salaries  fixed  by  County  Board. 

§  11.  Township  Officers — Special  Laws. 

§  12.  All  Future  Fees  Uniform. 

§  13.  Sworn  report  of  all  Fees. 

§  1.  No  new  county  shall  be  formed  or  estab¬ 
lished  by  the  general  assembly,  which  will  re¬ 
duce  the  county  or  counties,  or  either  of  them, 
from  which  it  shall  be  taken,  to  less  contents 
than  400  square  miles ;  nor  shall  any  county  be 
formed  of  less  contents ;  nor  shall  any  line 
thereof  pass  within  less  than  10  miles  of  any 
sountv  seat  of  the  county  or  counties  proposed  to 
ae  divided. 

§  2.  No  county  shall  be  divided,  or  have  any 


part  stricken  therefrom,  without  submitting  the 
question  to  a  vote  of  the  people  of  the  county, 
nor  unless  a  majority  of  all  the  legal  voters  of 
the  county,  voting  on  the  question,  shall  vote  for. 
the  same. 

§  3.  There  shall  be  no  territory  stricken  from 
any  county,  unless  a  majority  of  the  voters  liv¬ 
ing  in  such  territory,  shall  petition  for -such  di¬ 
vision  ;  and  no  territory  shall  be  added  to  any 
county  without  the  consent  of  "the  majority  of 
the  voters  of  the  county  to  which  it  is  proposed 
to  be  added.  But  the  portion  so  stricken  off 
and  added  to  another  county,  or  formed  in  whole 
or  in  part  into  a  new  county,  shall  be  liolden  for, 
and  obliged  to  pay  its  proportion  of  the  indebted 
ness  of  the  county  from  which  it  has  been  taken 

COUNTY  SEATS. 

§  4.  No  county  seat  shall  be  removed  until 
the  point  to  which  it  is  proposed  to  be  removed 
shall  be  fixed  in  pursuance  of  law,  and  three- 
fifths  of  the  voters  of  the  county,  to  be  ascer¬ 
tained  in  such  manner  as  shall  be  provided  by 
general  law,  shall  have  voted  in  favor  of  its  re¬ 
moval  to  such  point ;  and  no  person  .shall  vote 
on  such  question  who  has  not  resided  in  the 
county  six  months,  and  in  the  election  precinct 
90  days  next  preceding  such  election.  '1  he 
question  of  the  removal  of  a  county  seat  shall 
not  be  oftener  submitted  than  once  in  10  years, 
to  a  vote  of  the  people.  But  when  an  attempt 
is  made  to  remove  a  county  seat  to  a  point 
nearer  to  the  centre  of  a  county,  then  a  majority 
vote  only  shall  be  necessary. 

COUNTY  GOVERNMENT. 

§  5.  The  general  assembly  shall  provide,  by 
general  law,  for  township  organization,  under 
which  any  county  may  organize  whenever  a 
majority  of  the  legal  voters  of  such  county, 
voting  at  any  general  election,  shall  so  deter¬ 
mine,  and  whenever  any  county  shall  adopt 
township  organization,  so  much  of  this  constitu¬ 
tion  as  provides  for  the  management  of  the  fiscal 
concerns  of  the  said  county  by  the  board  of 
county  commissioners,  may  be  dispensed  with, 
and  the  affairs  of  said  county  may  be  transacted 
in  such  manner  as  the  general  assembly  may 
provide.  And  in  any  county  that  shall  have 
adopted  a  township  organization,  the  question  of 
continuing  the  same  may  be  submitted  to  a  vote 
of  the  electors  of  such  county,  at  a  general  elec¬ 
tion,  in  the  manner  that  now  is  or  may  be  pro¬ 
vided  by  law ;  and  if  a  majority  of  all  the  votes 
cast  upon  that  question  shall  be  against  town¬ 
ship  organization,  then  such  organization  shall 
cease  in  said  county ;  and  all  laws  in  force  in 
relation  to  counties  not  having  township  organ¬ 
ization,  shall  immediately  take  effect  and  be  in 
force  jn  such  county.  No  two  townships  shall 
have  the  same  name,  and  the  day  of  holding  the 
annual  township  meeting  shall  be  uniform 
throughout  the  state. 

§  6.  At  the  first  election  of  county  judges 
under  this  constitution,  there  shall  be  elf  ted  in 
each  of  the  counties  in  this  state,  not  under 


[56] 

Art.  X.  §  7. 


Organic  Laws  of  Illinois. 


Art.  xi.  §  i. 


Constitution  of  1870. 


township  organization,  three  officers,  who  shall 
be  styled  “  The  board  of  county  commissioners/’ 
who  shall  hold  sessions  for  the  transaction  of 
county  business  as  shall  be  provided  by  law. 
One  of  said  commissioners  shall  hold  his  office 
for  one  year,  cyie  for  two  years,  and  one  for 
three  years,  to  be  determined  by  lot ;  and  every 
year  thereafter  one  such  officer  shall  be  elected  in 
each  of  said  counties  for  the  term  of  three  years. 

§  7.  The  county  affairs  of  Cook  county  shall 
be  managed  by  a  board  of  commissioners  of 
fifteen  persons,  ten  of  whom  shall  be  elected 
from  the  city  of  Chicago,  and  five  from  towns 
outside  of  said  city,  in  such  manner  as  may  be 
provided  by  law. 

COUNTY  OFFICERS  AND  “THEIR  COMPENSA¬ 
TION. 

§  8.  In  each  county  there  shall  be  elected 
the  following  county  officers :  County  judge, 
sheriff,  county  clerk,  clerk  of  the  circuit  court, 
(who  may  be  ex-officio  recorder  of  deeds,  except 
in  counties  having  60,000  and  more  inhabitants, 
in  which  counties  a  recorder  of  deeds  shall  be 
elected  at  the  general  election  in  the  year  of 
our  Lord  1872),  treasurer,  surveyor  and  coro¬ 
ner,  each  of  whom  shall  enter  upon  the  duties 
of  his  office,  respectively,  on  the  first  Monday 
of  December  after  their  election ;  and  they  shall 
hold  their  respective  offices  for  the  term  of  four 
years,  except  the  treasurer,  sheriff  and  coroner, 
who  shall  hold  their  offices  for  two  years,  and 
until  their  successors  shall  be  elected  and  qual¬ 
ified. 

§  9.  The  clerks  of  all  the  courts  of  record, 
the  treasurer,  sheriff,  coroner  and  recorder  of 
deeds  of  Cook  county,  shall  receive-  as  their 
only  compensation  for  their  services,  salaries  to 
be  fixed  by  law,  which  shall  in  no  case  be  as 
much  as  the  lawful  compensation  of  a  judge  of 
the  circuit  court  of  said  county,  and  shall  be 
paid,  respectively,  only  out  of  the  fees  of  the 
office  actually  collected.  All  fees,  perquisites 
and  emoluments  (above  the  amount  of  said  sal¬ 
aries)  shall  be  paid  into  the  county  treasury. 
The  number  of  the  deputies  and  assistants  of 
such  officers  shall  be  determined  by  rule  of  the 
circuit  court,  to  be  entered  of  record,  and  their 
compensation  shall  be  determined  by  the  county 
board. 

§  10.  The  county  board,  except  as  provided  in 
§  9  of  this  article,  shall  fix  the  compensation  of 
all  county  officers,  with  the  amount  of  their 
necessary  clerk  hire,  stationery,  fuel  and  other 
expenses,  and  in  all  cases  where  fees  are  pro¬ 
vided  for,  said  compensation  shall  be  paid  only 
out  of,  and  shall  in  no  instance  exceed,  the  fees 
actually  collected  ;  they  shall  not  allow  either  of 
them  more  per  annum  than  $1,500,  in  counties 
not  exceeding  20,000  inhabitants ;  $2,000  in 
counties  containing;  20,000  and  not  exceeding; 
30,000  inhabitants ;  $2,500  in  counties  contain¬ 
ing  30,000  and  not  exceeding  50,000  inhabit- 
ants;  $3,000  in  counties  containing  50,000,  and 
not  exceeding  70,000  inhabitants ;  $3,500  in 
counties  containing;  70,000  and  not  exceeding; 
1Q0,C90  inhabitants  ;  and  $4,000  in  counties  con¬ 


taining  over  1 00,000  and  not  exceeding  250,000 
inhabitants  ;  and  not  more  than  $1,000  addi¬ 
tional  compensation  for  each  additional  100,000 
inhabitants  :  Provided ,  that  the  compensation  of 
no  officer  shall  be  increased  or  diminished  dur¬ 
ing  his  term  of  office.  All  fees  or  allowances 
by  them  received,  in  excess  of  their  said  com¬ 
pensation,  shall  be  paid  into  the  county  treasury. 

§  11.  The  fees  of  township  officers,  and  of 
each  class  of  county  officers,  shall  be  uniform  in 
the  class  of  counties  to  which  they  respectively 
belong.  The  compensation  herein  provided  for 
shall  apply  only  to  officers  hereafter  elected,  but 
all  fees  established  by  special  laws  shall  cease  at 
the  adoption  of  this  constitution,  and  such  offi¬ 
cers  shall  receive  only  such  fees  as  are  provided 
by  general  law. 

§  1 2.  All  laws  fixing  the  fees  of  state,  county 
and  township  officers  shall  terminate  *with  the 
terms,  respectively,  of  those  who  may  be  in 
office  at  the  meeting  of  the  first  general  assem- 
bly  after  the  the  adoption  of  this  constitution ; 
and  the  general  assembly  shall,  by  general  law, 
uniform  in  its  operation,  provide  for  and  regulate 
the  fees  of  said  officers  and  their  successors,  so 
as  to  reduce  the  same  to  a  reasonable  compen¬ 
sation  for  services  actually  rendered.  But  the 
general  assembly  may,  by  general  law,  classify 
the  counties  by  population  into  not  more  than 
three  classes,  and  regadate  the  fees  according;  to 
class.  This  article  shall  not  be  construed  as 
depriving  the  general  assembly  of  the  power  to 
reduce  the  fees  of  existing;  officers. 

§  13.  Every  person  who  is  elected  or  ap¬ 
pointed  to  any  office  in  this  state,  \tho  shall  be 
paid  in  whole  or  in  part  by  fees,  shall  be  re¬ 
quired  by  law  to  make  a  semi-annual  report, 
under  oath/to  some  officer  to  be  designated  by 
law,  of  all  his  fees  and  emoluments. 

ARTICLE  XI. 

Corporations. 

§  1.  Established  only  by  General  Laws. 

§  2.  Existing  Charters  —  How  forfeited. 

§  3.  Election  of  Directors  or  Managers. 

§  4.  Construction  of  Street  Railroads. 

§  5.  State  Bank  Forbidden  —  General  Law. 

§  6.  Liability  of  Bank  Stockholder. 

§  7.  Suspension  of  Specie  Payment. 

§  8.  Of  a  General  Banking  Law. 

§  9.  Railroad  office — r  Books  and  Records. 

§10.  Personal  Property  of  Railroads. 

§11.  Consolidations  Forbidden. 

§  12.  Railroads  deemed  Highways — Rates  Fixed. 
§13.  Stock ,  Bonds  and  Dividends. 

§  14.  Power  over  existing  Companies. 

§15.  Freight  and  Passenger  Tariffs  regulated. 

§  1 .  No  corporation  shall  be  created  by  spe¬ 
cial  laws,  or  its  charter  extended,  changed,  or 
amended,  except  those  for  charitable,  educa¬ 
tional.  penal  or  reformatory  purposes,  which  are 
to  be  and  remain  under  the  patronage  and  con¬ 
trol  of  the  state,  but  the  general  assembly 
shall  provide,  by  general  laws,  for  the  organiza¬ 
tion  of  all  corporations  hereafter  to  be  creu'ed. 


Organic  Laws  of  Illinois. 


_ [57] 

Art.  XI.  §  13. 


Ait.  XI.  §  2.  Constitution  of  1870. 


§  2.  All  existing  charters  or  grants  of  spe¬ 
cial  or  exclusive  privileges,  under  which  organ¬ 
ization  shall  not  have  taken  place,  or  which 
shall  not  have  been  in  operation  within  10  days 
from  the  time  this  constitution  takes  effect,  shall 
thereafter  have  no  validity  or  effect  whatever. 

§  3.  The  general  assembly  shall  provide,  by 
law,  that  in  all  elections  for  directors  or  man¬ 
agers  of  incorporated  companies  every  stock¬ 
holder  shall  have  the  right  to  vote,  in  person  or 
by  proxy,  for  the  number  of  shares  of  stock 
owned  by  him,  for  as  many  persons  as  there  are 
directors  o#  managers  to  be  elected,  or  to  cumu- 
late  said  shares,  and  give  one  candidate  as  many 
votes  as  the  number  of  directors  multiplied  by 
the  number  of  his  shares  of  stock,  shall  equal, 
or  to  distribute  them  on  the  same  principle 
among  as  many  candidates  as  he  shall  think  fit ; 
and  such  directors  or  managers  shall  not  be 
elected  in  any  other  manner. 

§  4.  No  law  shall  be  passed  by  the  general 
assembly,  granting  the  right  to  construct  and 
operate  a  street  railroad  within  any  city,  town, 
or  incorporated  village,  without  requiring  the 
consent  of  the  local  authorities  having  the  con¬ 
trol  of  the  street  or  highway  proposed  to  be 
occupied  by  such  street  railroad. 

BANKS. 

§  5.  No  state  bank  shall  hereafter  be  created, 
nor  shall  the  state  own  or  be  liable  for  any  stock 
in  any  corporation  or  joint  stock  company  or 
association  for  banking  purposes,  now  created, 
or  to  be  hereafter  created.  No  act  of  the  gen¬ 
eral  assembly  authorizing  or  creating  corpo¬ 
rations  or  associations,  with  banking  powers, 
whether  of  issue,  deposit  or  discount,  nor  amend¬ 
ments  thereto,  shall  go  into  effect  or  in  any  man¬ 
ner  be  in  force,  unless  the  same  shall  be  sub¬ 
mitted  to  a  vote  of  the  people  at  the  general 
election  next  succeeding  the  passage  of  the  same, 
and  be  approved,  by.  a  majority  of  all  the  votes 
cast  at  such  election  for  or  against  such  law. 

§  6.  Every  stockholder  in  a  banking  corpora¬ 
tion  or  institution  shall  be  individually  responsi¬ 
ble  and  liable  to  its  creditors,  over  and  above 
the  amount  of  stock  by  him  or  her  held,  to  an 
amount  equal  to  his  or  her  respective  shares  so 
held,  for  all  its  liabilities  accruing  while  he  or 
she  remains  such  stockholder. 

§  7.  The  suspension  of  specie  payments  by 
banking  institutions,  on  their  circulation,  created 
by  the  laws  of  this  statfe,  shall  never  be  per¬ 
mitted  or  sanctioned.  Every  banking  associa¬ 
tion  now,  or  which  may  hereafter  be,  organized 
under  the  laws  of  this  state,  shall  make  and 
publish  a  full  and  accurate  quarterly  statement 
of  its  affairs,  (which  shall  be  certified  to,  under 
oath,  by  one  or  more  of  its  officers)  as  may  be 
provided  by  law. 

§  8.  If  a  general  banking  law  shall  be  enacted, 
it  shall  provide  for  the  registry  and  countersign¬ 
ing,  by  an  officer  of  state,  of  all  bills  or  paper 
credit,  designed  to  circulate  as  money,  and  re¬ 
quire  security,  to  the  full  amount  thereof,  to  be 
deposited  wi  h  the  state  treasurer,  in  United 
States  or  Illinois  state  stocks,  to  be  rated  at  10 

d* 


per  cent,  below  their  par  value  ;  and  in  case  of 
a  depreciation  of  said  stocks  to  the  amount  of 
1 0  per  cent,  below  par,  the  bank  or  banks  own¬ 
ing  said  stocks  shall  be  required  to  make  up 
said  deficiency,  by  depositing  additional  stocks. 
And  said  law  shall  also  provide  for  the  record¬ 
ing  of  the  names  of  all  stockholders  in  such 
corporations,  the  amount  of  stock  held  by  each, 
the  time  of  any  transfer  thereof,  and  to  whom 
such  transfer  is  made. 

RAILROADS. 

§  9.  Every  railroad  corporation  organized  or 
doing  business  in  this  state,  under  the  laws  or 
authority  thereof,  shall  have  and  maintain  a  pub¬ 
lic  office  or  place  in  this  state  for  the  transaction 
of  its  business,  where  transfers  of  stock  shall  bo 
made  and  in  which  shall  be  kept,  for  public  in¬ 
spection,  books,  in  which  shall  be  recorded  the 
amount  of  capital  stock  subscribed,  and  by 
whom ;  the  names  of  the  owners  of  its  stock, 
and  the  amounts  owned  by  them  respectively ; 
the  amount  of  stock  paid  in  and  by  whom  ;  the 
transfers  of  said  stock  ;  the  amount  of  its  as¬ 
sets  and  liabilities,  and  the  names  and  place  of 
residence  of  its  officers.  The  directors  of  every 
railroad  corporation  shall,  annually,  make  a  re¬ 
port,  under  oath,  to  the  auditor  of  public  accounts, 
or  some  officer  to  be  designated  by  law,  of  all 
their  acts  and  doings,  which  report  shall  include 
such  matters  relating  to  railroads  as  may  be  pre¬ 
scribed  by  law.  And  the  general  assembly 
shall  pass  laws  enforcing  by  suitable  penalties 
the  provisions  of  this  section 

§  1 0.  The  rolling  stock,  and  all  other  movable 
property  belonging  to  any  railroad  company  or 
corporation  in  this  state,  shall  be  considered 
personal  property,  and  shall  be  liable  to  execu¬ 
tion  and  sale  in  the  same  manner  as  the  personal 
property  of  individuals,  and  the  general  assem¬ 
bly  shall  pass  no  law  exempting  any  such  prop¬ 
erty  from  execution  and  sale. 

§  11.  No  railroad  corporation  shall  consoli¬ 
date  its  stock,  property  or  franchises  with  any 
other  railroad  corporation  owning  a  parallel  or 
competing  line;  and  in  no  case  shall  any  con¬ 
solidation  take  place  except  upon  public  notice 
given,  of  at  least  60  days,  to  all  stockholders,  in 
such  manner  as  may  he  provided  by  law.  A 
majority  of  the  directors  of  any  railroad  corpo- 
ration,  now  incorporated  or  hereafter  to  be  in¬ 
corporated  by  the  laws  of  this  state,  shall  ha 
citizens  and  residents  of  this  state. 

§  12.  Railways  heretofore  constructed  or  that 
may  hereafter  he  constructed  in  this  state,  are 
hereby  declared  public  highways,  and  shall  be 
free  to  all  persons,  for  the  transportation  of 
their  persons  and  property  thereon,  under  such 
regulations  as  may  be  prescribed  by  law.  And 
the  general  assembly  shall,  from  time  to  time, 
pass  laws  establishing  reasonable  maximum 
rates  of  charges  for  the  transportation  of  pas¬ 
sengers  and  freight  on  the  different  railroads  in 
this  state. 

§  13.  No  railroad  corporation  shall  issue  any 
stock  or  bonds,  except  for  money,  labor  or  prop¬ 
erty,  actually  received,  and  applied  to  the  pui* 


[58] 


Organic  Laws  of  Illinois. 


Art.  XI.  §  14.  Constitution  of  1870.  Art.  XIII.  §  6. 


poses  for  which  such  corporation  was  created ; 
and  all  stock  dividends,  and  other  fictitious  in¬ 
crease  of  the  capital  stock  or  indebtedness  of 
any  such  corporation,  shall  be  void.  The  capi¬ 
tal  stock  of  no  railroad  corporation  shall  be 
increased  for  any  purpose,  except  upon  giving 
00  days’  public  notice,  in  such  manner  as  may 
be  provided  by  law. 

§  14.  The  exercise  of  the  power,  and  the 
right  of  eminent  domain  shall  never  be  so  con¬ 
strued  or  abridged  as  to  prevent  the  taking,  by 
the  general  assembly,  of  the  property  and  fran¬ 
chises  of  incorporated  companies  already  organ¬ 
ized,  and  subjecting  them  to  the  public  necessity 
the  same  as  of  individuals.  The  right  of  trial  by 
jury  shall  be  held  inviolate  in  all  trials  of  claims 
for  compensation,  when,  in  the  exercise  of  the 
said  right  of  eminent  domain,  any  incorporated 
company  shall  be  interested  either  for  or  against 
the  exercise  of  said  right. 

§  15.  The  general  assembly  shall  pass  laws  to 
correct  abuses  and  prevent  unjust  discrimina¬ 
tion  and  extortion  in  the  rates  of  freight  and 
passenger  tariffs  on  the  different  railroads  in  this 
state,  and  enforce  such  laws,  by  adequate  penal¬ 
ties,  to  the  extent,  if  necessary  for  that  purpose, 
of  forfeiture  of  their  property  and  franchises. 

• 

ARTICLE  XII. 

MILITIA. 

§  1.  Persons  Composing  the  Militia . 

§  2.  Organization  —  Equipment  —  Discipline. 

§  3.  Commissions  of  Officers. 

§  4.  Privilege  from  Arrest. 

§  5.  Records ,  Banners  and  Relics. 

§  6.  Exemptions  from  militia  duty. 

§  1.  The  militia  of  the  state  of  Illinois  shall 
consist  of  all  able-bodied  male  persons,  resident 
in  the  state,  between  the  ages  of  18  and  45,  ex¬ 
cept  such  persons  as  now  are,  or  hereafter  may 
be,  exempted  by  the  laws  of  the  United  States, 
or  of  this  state. 

§  2.  The  general  assembly,  in  providing  for 
the  organization,  equipment  and  discipline  of  the 
militia,  shall  conform  as  nearly  as  practicable  to 
the  regulations  for  the  government  of  the  armies 
of  the  United  States. 

§  3.  All  militia  officers  shall  be  commissioned 
by  the  governor,  and  may  hold  their  commis¬ 
sions  for  .such  time  as  the  general  assembly  may 
provide. 

§  4.  The  militia  shall,  in  all  cases,  except 
treason,  felony  or  breach  of  the  peace,  be  privi¬ 
leged  from  arrest  during  their  attendance  at 
musters  and  elections,  and  in  going  to  and  re¬ 
turning  from  the  same. 

§  5.  The  military  records,  banners  and  relics 
A'  the  state,  shall  be  preserved  as  an  enduring 
memorial  of  the  patriotism  and  valor  of  Illinois, 
and  it  shall  be  the  duty  of  the  general  assembly 
to  provide  by  law  for  the  safe  keeping  of  the 
same. 

§  6.  No  person  having  conscientious  scruples 
against  bearing  arms,  shall  be  compelled  to  do 


militia  duty  in  time  of  peace  :  Provided ,  such 
person  shall  pay  an  equivalent  for  such  exemp¬ 
tion. 

ARTICLE  XIII. 

WAREHOUSES. 

§  1.  Wliat  deemed  Public  Warehouses. 

§  2.  Sworn  Weekly  Statements  required. 

§  3.  Examination  of  Property  stored. 

§  4.  Carriers  to  Deliver  Full  Weight. 

§  5.  Delivery  of  Grain  by  Railroads. 

§  6.  Power  and  Duty  of  the  LegislatiPre. 

§  7.  Grain  Inspection  —  Protection  of  Dealers. 

§  1 .  All  elevators  or  storehouses  where  grain 
or  other  property  is  stored  for  a  compensation, 
whether  the  property  stored  be  kept  separate  or 
not,  are  declared  to  be  public  warehouses. 

§  2.  The  owner,  lessee  or  manager  of  each 
and  every  public  warehouse  situated  in  any 
town  or  city  of  not  less  than  100,000  inhabitants, 
shall  make  weekly  statements  under  oath,  before 
some  officer  to  be  designated  by  law,  and  keep 
the  same  posted  in  some  conspicuous  place  in  the 
office  of  such  warehouse,  and  shall  also  file  a 
copy  for  public  examination  in  such  place  as 
shall  be'designated  by  law,  which  statement  shall 
correctly  set  forth  the  amount  and  grade  of  each 
and  every  kind  of  grain  in  such  warehouse,  to¬ 
gether  with  such  other  property  as  may  be  stored 
therein,  and  what  warehouse  receipts  have  been 
issued,  and  are,  at  the  time  of  making  such  state¬ 
ment,  outstanding  therefor ;  and  shall,  on  the 
copy  posted  in  the  warehouse,  note  daily  such 
changes  as  may  be  made  in  the  quantity  and 
grade  of  grain  in  such  warehouse ;  and  the  dif¬ 
ferent  grades  of  grain  shipped  in  separate  lots, 
shall  not  be  mixed  with  inferior  or  superior 
grades,  without  the  consent  of  the  owner  or  con¬ 
signee  thereof. 

§  3.  The  owners  of  property  stored  in  any 
warehouse,  or  holder  of  a  receipt  for  the  same, 
shall  always  be  at  liberty  to  examine  such  prop¬ 
erty  stored,  and  all  the  books  and  records  of 
the  warehouse  in  regard  to  such  property. 

§  4.  All  railroad  companies  and  other  com¬ 
mon  carriers  on  railroads  shall  weigh  or  meas¬ 
ure  grain  at  points  where  it  is  shipped,  and 
receipt  for  the  full  amount,  and  shall  be  respon¬ 
sible  for  the  delivery  of  such  amount  to  the 
owner  or  consignee  thereof,  at  the  place  of  des 
tination.  * 

§  5.  All  railroad  companies  receiving  and 
transporting  grain  in  bulk  or  otherwise,  shall 
deliver  the  same  to  any  consignee  thereof,  or  any 
elevator  or  public  warehouse  to  which  it  may  be 
consigned,  provided  such  consignee  or  the  eleva¬ 
tor  or  public  warehouse  can  be  reached  by  any 
track  owned,  leased  or  used,  or  which  can  be 
used,  by  such  railroad  companies ; .  and  all  rail¬ 
road  companies  shall  permit  connections  to  be 
made  with  their  track,  so  that  any  such  con¬ 
signee,  and  any  public  warehouse,  coal  bank  or 
coal  yard  may  be  reached  by  the  cars  on  said 
railroad. 

§  6.  It  shall  be  the  duty  of  the  general  assem- 


Organic  Laws  of  Illinois. 


L59] 

Art.  XIII.  §  7.  Constitution  of  1870.  Canal. 


bly  to  pass  all  necessary  laws  to  prevent  the 
issue  of  false  and  fraudulent  warehouse  receipts, 
and  to  give  full  effect  to  this  article  of  the  con¬ 
stitution,  which  shall  be  liberally  construed  so  as 
to  protect  producers  and  shippers.  And  the 
enumeration  of  the  remedies  herein  named  shall 
not  be  construed  to  deny  to  the  general  assembly 
the  power  to  prescribe  by  law  such  other  and 
further  remedies  as  may  be  found  expedient,  or 
to  deprive  any  person  of  existing  common  law 
remedies. 

§  7.  The  general  assembly  shall  pass  laws  for 
the  inspection  of  grain,  for  the  protection  of 
producers,  shippers  and  receivers  of  grain  and 
produce. 

ARTICLE  XIV. 

AMENDMENTS  TO  THE  CONSTITUTION. 

§  1.  By  a  Constitutional  Convention. 

§  2.  Proposed  by  the  Legislature. 

§  1.  Whenever  two-thirds  of  the  members  of 
each  house  of  the  general  assembly  shall,  by  a 
vote  entered  upon  the  journals  thereof’  concur 
that  a  convention  is  necessary  to  revise,,  alter  or 
amend  the  constitution,  the  question  shall  be 
submitted  to  the  electors  at  the  next  general 
election.  If  a  majority  voting  at  the  election 
vote  for  a  convention,  the  general  assembly 
shall,  at  the  next  session  provide  for  a  conven¬ 
tion,  to  consist  of  double  the  number  of  mem¬ 
bers  of  the  senate,  to  be  elected  in  the  same 
manner,  at  the  same  places,  and  in  the  same 
districts.  'The  general  assembly  shall,  in  the  act 
calling  the  convention,  designate  the  day,  hour 
and  place  of  its  meeting,  fix  the  pay  of  its  mem¬ 
bers  and  officers,  and  provide  for  the  payment 
of  the  same,  together  with  the  expenses  necessa¬ 
rily  incurred  by  the  convention  in  the  perform¬ 
ance  of  its  duties.  Before  proceeding  the 
members  shall  take  an  oath  to  support  the  Con¬ 
stitution  of  the  United  States,  and  of  the  state 
of  Illinois,  and  to  faithfully  discharge  their 
duties  as  members  of  the  convention.  The 
qualification  of  members  shall  be  the  same  as 
that  of  members  of  the  senate,  and  vacancies 
occurring  shall  be  filled  in  the  manner  provided 
for  filling  vacancies  in  the  general  assembly. 
Said  convention  shall  meet  within  three  months 
after  such  election,  and  prepare  such  revision, 
alteration  or  amendments  of  the  constitution  as 
shall  be  deemed  necessary,  which  shall  be  sub¬ 
mitted  to  the  electors  for  their  ratification  or 
rejection,  at  an  election  appointed  by  the  con¬ 
vention  for  that  purpose,  not  less  than  two  nor 
more  than  six  months  after  the  adjournment 
thereof;  and  unless  so  submitted  and  approved, 
by  a  majority  of  the  electors  voting  at  the  elec¬ 
tion,  no  such  revision,  alterations  or  amend¬ 
ments  shall  take  effect. 

§  2.  Amendments  to  this  constitution  may  be 
proposed  in  either  house  of  the  general  assembly, 
and  if  the  same  shall  .be  voted  for  by  two-thirds 
of  all  the  members  elected  to  each  of  the  two 
houses,  such  proposed  amendments,  together  with 


the  yeas  and  nays  of  each  house  thereon,  shall 
be  entered  in  full  on  their  respective  journals,  and 
said  amendments  shall  be  submitted  to  the  elect¬ 
ors  of  this  state  for  adoption  or  rejection,  at  the 
next  election  of  members  of  the  general  assem¬ 
bly,  in  such  manner  as  may  be  prescribed  by  law. 
The  proposed  amendments  shall  be  published  in 
full  at  least  three  months  preceding  the  election, 
and  if  a  majority  of  the  electors  voting  at  said 
election  shall  vote  for  the  proposed  amendments, 
they  shall  become  a  part  of  this  constitution. 
But  the  general  assembly  shall  have  no  power 
to  propose  amendments  to  more  than  one  article 
of  this  constitution  at  the  same  session,  nor  to 
the  same  article  oftener  than  once  in  four  years. 

SEPARATE  SECTIONS. 

Illinois  Central  Railroad. 

Municipal  Subscriptions  to  Corporation 9 

Illinois  and  Michigan  Canal. 

ILLINOIS  CENTRAL  RAILROAD. 

No  contract,  obligation  or  liability  whatever, 
of  the  Illinois  Central  railroad  company,  to  pay 
any  money  into  the  state  treasury,  nor  any  lien 
of  the  state  upon,  or  right  to  tax  property  of 
said  company,  in  accordance  with  the  provisions 
of  the  charter  of  said  company,  approved  Feb- 
10,  in  the  year  of  our  Lord  1851,  shall  ever  be 
released,  suspended,  modified,  altered,  remitted, 
or  in  any  manner  diminished  or  impaired  by  leg¬ 
islative  or  other  authority  ;  and  all  moneys  de¬ 
rived  from  said  company,  after  the  payment  of 
the  state  debt,  shall  be  appropriated  and  set 
apart  for  the  payment  of  the  ordinary  expenses 
of  the  state  government,  and  for  no  other  pur 
poses  whatever. 

MUNICIPAL  SUBSCRIPTIONS  TO  RAILROADS  OR 
PRIVATE  CORPORATIONS. 

No  county,  city,  town,  township,  or  other  mu 
nicipality,  shall  ever  become  subscriber  to  the 
capital  stock  of  any  railroad  or  private  corpora¬ 
tion,  or  make  donation  to  or  loan  its  credit  in 
aid  of,  such  corporation  :  Provided ,  however ,  that 
the  adoption  of  this  article  shall  not  be  construed 
as  affecting  the  right  of  any  such  municipality 
to  make  such  subscriptions  where  the  same  have 
been  authorized,  under  existing  laws,  by  a  vote 
of  the  people  of  such  municipalities  prior  to  such 
adoption. 

CANAL. 

The  Illinois  and  Michigan  Canal  shall  nevex 
be  sold  or  leased  until  the  Specific  proposition 
for  the  sale  or  lease  thereof  shall  first  have  been 
submitted  to  a  vote  of  the  people  of  the  state,  at 
a  general  election,  and  have  been  approved  by 
a  majority  of  all  the  votes  polled  at  such  elec¬ 
tion.  The  general  assembly  shall  never  loan  the 
credit  of  the  state,  or  make  appropriations  from 
the  treasury  thereof,  in  aid  of  railroads  or  ca¬ 
nals  :  Provided ,  that  any  surplus  ea  rnings  of  any 
canal  may  be  appropriated  lor  its  enlargement 
or  extension. 


Organic  Laws  of  Illinois. 


Schedule.  §  1. 


Constitution  of  1870. 


Schedule.  §  9. 


SCHEDULE. 

§  1,  Laws  in  Force  remain  Valid. 

§  2.  Fines ,  Penalties  and  Forfeitures. 

§  3.  Recognizances ,  Bonds ,  Obligations. 

§  4.  Present  County  Courts  Continued. 

§  5.  All  existing  Courts  Continued. 

§  6.  Persons  now  in  Office  Continued. 

§  7.  Election  of  Supreme  Judges. 

§  8.  Time  and  Manner  of  Submission. 

§  9.  Duty  of  the  Secretary  of  State. 

§10.  NeW  Constitution  Ticket. 

§11.  Election  Returns — •  How  Canvassed. 

§12.  In  Case  of  partied  Adoption. 

§13.  Apportionment  of  Representatives. 

§  14.  Election  oj  Members  of  the  First  House. 
§15.  First  Election  of  Senators. 

§  16.  Apportionment  by  the  General  Assembly. 

§  1 7.  Governor  to  issue  Writs  of  Election. 

§  18.  English  shall  be  the  Official  Language. 

§  19.  Necessary  Laws  shall  be  Enacted. 

§  20.  Present  Recorders  Continued. 

§  21.  Compensation  of  Cook  County  Judges. 

•§  22.  Circuit  Court  of  Lake  County. 

§  23.  Two-mill  Tax  Abolished. 

§  24.  Indebtedness  of  the  City  of  Quincy. 

§  25.  Former  Constitution  to  Cease. 

§  26.  Provisions  taking  effect  Immediately. 

That  no  inconvenience  may  arise  from  the  alterations 
and  amendments  made  in  the  constitution  of  this  state, 
a*nd  to  carry  the  same  into  complete  effect,  it  is  hereby 
ordained  and  declared: 

§  1.  That  all  laws  in  force  at  the  adoption  of 
this  constitution,  not  inconsistent  therewith,  and 
all  rights,  actions,  prosecutions,  claims,  and  con¬ 
tracts  of  this  state,  individuals,  or  bodies  corpo¬ 
rate,  shall  continue  to  be  as  valid  as  if  this  con¬ 
stitution  had  not  been  adopted. 

§  2.  That  all  fines,  taxes,  penalties  and  forfeit¬ 
ures,  due  and  owing  to  the  state  of  Illinois  under 
the  present  constitution  and  laws,  shall  inure  to 
the  use  of  the  people  of  the  state  of  Illinois,  un¬ 
der  this  constitution. 

§  3.  Recognizances,  bonds,  obligations,  and  all 
other  instruments  entered  into  or  executed  be¬ 
fore  the  adoption  of  this  constitution,  to  the 
people  of  the  state  of  Illinois,  to  any  state  or 
county  officer  or  public  body,  shall  remain  bind¬ 
ing  and  valid ;  and  rights  and  liabilities  upon 
the  same  shall  continue,  and  all  crimes  and  mis¬ 
demeanors  shall  be  tried  and  punished  as  though 
no  change  had  been  made  in  the  constitution  of 
this  state. 

§  4.  County  courts  for  the  transaction  of 
county*  business  in  counties  not  having  adopted 
township  organization,  shall  continue  in  exist¬ 
ence,  and  exercise  their  present  jurisdiction  until 
the  board  of  county  commissioners  provided  in 
this  constitution,  is  organized  in  pursuance  of  an 
act  of  the  general  assembly ;  and  the  county 
courts  in  all  other  counties  shall  have  the  same 
power  and  jurisdiction  they  now  possess  until 
otherwise  provided  by  general  law. 

§  5.  All  existing  courts  which  are  not  in  this 
constitution  specifically  enumerated,  shall  con¬ 


tinue  in  existence  and  exercise  their  present  ju¬ 
risdiction  until  otherwise  provided  by  law. 

§  6.  All  persons  now  filling  any  office  or  ap¬ 
pointment  shall  continue  in  the  exercise  of  the 
duties  thereof,  according  to  tlieir  respective  com¬ 
missions  or  appointments,  unless  by  this  consti¬ 
tution  it  is  otherwise  directed. 

§  7.  On  the  day  this  constitution  is  submitted 
to  the  people  for  ratification,  an  election  shall  be 
held  for  judges  of  the  supreme  court  in  the  sec¬ 
ond,  third,  sixth  and  seventh  judicial  election 
districts  designated  in  this  constitution,  and  for 
the  election  of  three  judges  of  the  circuit  court 
in  the  county  of  Cook  as  provided  for  in  the  ar¬ 
ticle  of  this  constitution  relating  to  the  judiciary, 
at  which  election,  every  person  entitled  to  vote, 
according  to  the  terms  of  this  constitution,  shall 
be  allowed  to  vote,  and  the  election  shall  be 
otherwise  conducted,  returns  made  and  certifi¬ 
cates  issued,  in  accordance  with  existing  laws, 
except  that  no  registry  shall  be  required  at  said 
election  :  Provided ,  that  at  said  election  in  the 
county  of  Cook  no  elector  shall  vote  for  more 
than  two  candidates  for  circuit  judge.  If,  upon 
canvassing  the  votes  for  and  against  the  adoption 
of  this  constitution,  it  shall  appear  that  there  has 
been  polled  a  greater  number  of  votes  against 
than  for  it,  then  no  certificates  of  election  shall  be 
issued  for  any  of  said  supreme  or  circuit  judges. 

§  8.  This  constitution  shall  be  Submitted  to 
the  people  of  the  state  of  Illinois  for  adoption  or 
rejection,  at  an  election  to  be  held  on  the  first 
Saturday  in  July,  in  the  year  of  our  Lord  1870, 
and  there  shall  be  separately  submitted  at  the 
same  time,  for  adoption  or  rejection,  §§  9,  10,  11, 
12,  13,  14  and  15,  relating  to  railroads,  in  the 
article  entitled  corporations  ;  the  article  entitled 
counties  ;  the  article  entitled  warehouses ;  the 
question  of  requiring  a  three-fifths  vote  to  remove 
a  county  seat ;  the  section  relating  to  the  Illinois 
Central  railroad ;  the  section  in  relation  to 
minority  representation ;  the  section  relating  to 
municipal  subscriptions  to  railroads  or  private 
corporations  ;  and  the  section  relating  to  the 
canal. 

Every  person  entitled  to  vote  under  the  pro¬ 
visions  of  this  constitution,  as  defined  in  the  arti¬ 
cle  in  relation  to  “  Suffrage,”  shall  be  entitled  to 
vote  for  the  adoption  or  rejection  of  this  consti¬ 
tution,  and  for  or  against  the  articles,  sections 
and  question  aforesaid,  separately  submitted ; 
and  the  said  qualified  electors ,  shall  vote  at  the 
usual  places  of  voting,  unless  otherwise  provided ; 
and  the  said  election  shall  be  conducted,  and 
returns  thereof  made  according  to  the  laws  now 
in  force  regulating  general  elections,  except  that 
no  registry  shall  be  required  at  said  election : 
Provided ,  however ,  that  the  polls  shall  be  kept 
open  for  tlie  reception  of  ballots  until  sunset  of 
said  day  of  election. 

§  9.  The  secretary  of  state  shall,  at  least  20 
days  before  said  election,  cause  to  be  delivered 
to  the  county  clerk  of  each  county  blank  poll- 
books,  tally- lists  and  forms  of  return,  and  twice 
the  number  of  properly  prepared  printed  ballots 
for  the  said  election  that  there  are  voters  in  such 
county,  the  expense  whereof  shall  be  audited 


Organic  Laws  of  Illinois. 


Schedule.  §  10. 

and  paid  as  other  public  printing  ordered  by  the 
secretary  of  state  is,  by  law,  required  to  be  au¬ 
dited  and  paid ;  and  the  several  county  clerks 
shall,  at  least  five  ijays  before  said  election,  cause 
to  be  distributed  to  the  boar4  of  election,  in  each 
election  district  in  their  respective  counties,  said 
blank  poll-books,  tally-lists,  forms  of  return,  and 
tickets. 

§  10.  At  the  said  election  the  ballots  shall  be 
in  the  following:  form  : 

New  Constitution  Ticket. 

For  all  the  propositions  on  this  ticket  which 
are  not  canceled  with  ink  or  pencil ;  and  against 
all  propositions  which  are  so  canceled.  For  the 
new  constitution.  For  the  sections  relating  to 
railroads  in  the  article  entitled  corporations. 
For  the  article  entitled  counties.  For  the  article 
entitled  warehouses.  For  a  three-fifths  vote  to 
remove  county  seats.  For  the  section  relating 
to  the  Illinois  Central  railroad.  For  the  sec¬ 
tion  relating  to  minority  representation.  For 
the  section  relating  to  municipal  subscriptions  to 
railroads  or  private  corporations.  For  the  sec¬ 
tion  relating  to  the  canal. 

Each  of  said  tickets  shall  be  counted  as  a  vote 
cast  for  each  proposition  thereon  not  canceled 
with  ink  or  pencil,  and  against  each  proposition 
so  canceled,  and  returns  thereof  shall  be  made 
accordingly  by  the  judges  t)f  election. 

§  11.  The  returns  of  the  whole  vote  cast,  and 
of  the  votes  for  the  adoption  or  rejection  of  this 
constitution,  and  for  or  against  the  articles  and 
sections  respectively  submitted,  shall  be  made  by 
the  several  county  clerks,  as  is  now  provided  by 
law,  to  the  secretary  of  state,  within  20  days 
after  the  election  ;  and  the  returns  of  the  said 
/otes  shall,  within  five  days  thereafter,  be  exam¬ 
ined  and  canvassed  by  the  auditor,  treasurer  and 
secretary  of  state,  or  any  two  of  them,  in  the 
presence  of  the  governor,  and  proclamation  shall 
be  made  by  the  governor,  forthwith,  of  the  result 
of  the  canvass. 

§  12.  If  it  shall  appear  that  a  majority  of  the 
votes  polled  are  “  foj*  the  new  constitution,”  then 
so  much  of  this  constitution  as  was  not  separately 
submitted  to  be  voted  on  by  articles  and  sections, 
shall  be  the  supreme  law  of  the  state  of  Illinois, 
on  and  after  Monday,  the  8th  day  of  August, 
A.  d.  1870 ;  but  if  it  shall  appear  that  a  major¬ 
ity  of  the  votes  polled  were  “  against  the  new 
constitution,”  then  so  much  thereof  as  was  not 
separately  submitted  to  be  voted  on  by  articles 
and  sections,  shall  be  null  and  void.  If  it  shall 
appear  that  a  majority  of  the  votes  polled,  are 
“  for  the  sections  relating  to  railroads  in  the  ar¬ 
ticle  entitled  ‘  Corporations’ ;  ”  §§  9,  1 0, 1 1,  1 2,  1 3, 
14  and  15,  relating  to  railroads  in  the  said  arti¬ 
cle,  shall  be  a  part  of  the  constitution  of  this 
state  ;  but  if  a  majority  of  said  votes  are  against 
6uch  sections,  they  shall  be  null  and  void.  If  a 
majority  of  the  votes  polled  are  “  for  the  article 
entitled  ‘counties,’”  such  article  shall  be  a  part 
of  the  constitution  of  this  state  and  shall  be  sub¬ 
stituted  for  Article  VII.  in  the  present  constitu¬ 
tion  entitled  “  Counties  ;  ”  but  if  a  majority  of 
said  votes  are  against  such  article,  the  same  sit  all 


Schedule.  §  14. 

be  null  and  void.  If  a  majority  of  the  votes 
polled  are  for  the  article  entitled  “  Warehouses,” 
such  article  shall  be  a  part  of  the  constitution 
of  this  state,  but  if  a  majority  of  the  votes  are 
against  said  article,  the  same  shall  be  null  and 
void.  If  a  majority  of  the  votes  polled  are  for 
either  of  the  sections  separately  submitted,  re¬ 
lating  respectively,  to  the  “Illinois  Central  rail¬ 
road,”  “  Minority  representation,”  “  Municipal 
subscriptions  to  railroads  or  private  corpora¬ 
tions,”  and  the  “  Canal,”  then  such  of  said  sec¬ 
tions  as  shall  receive  such  majority  shall  be  a 
part  of  the  constitution  of  this  state ;  but  each 
of  said  sections  so  separately  submitted  against 
which,  respectively,  there  shall  be  a  majority  of 
the  votes  polled,  shall  be  null  and  void  :  Pro¬ 
vided ,  that  the  section  relating  to  “  Minority 
representation,”  shall  not  be  declared  adopted 
unless  the  portion  of  the  constitution  not  sepa¬ 
rately  submitted  to  be  voted  on  by  articles  and 
sections  shall  be  adopted,,  and  in  case  said  sec¬ 
tion  relating  to  “Minority  representation ”  shall 
become  a  portion  of  the  constitution,  it  shall  be 
substituted  for  §§  7  and  8  of  the  legislative  arti¬ 
cle.  If  a  majority  of  the  votes  cast  at  such  elec¬ 
tion  shall  be  for  a  three-fifths  vote  to  remove  a 
county  seat,  then  the  words  “  a  majority  ”  shall 
be  stricken  out  of  §  4  of  the  article  on  counties, 
and  the  words  “  three-fifths  ”  shall  be  inserted 
in  lieu  thereof ;  and  the  following  words  shall 
be  added  to  said  section,  to  wit :  “  But  when  an 
attempt  is  made  to  remove  a  county  seat  to  a 
point  .nearer  to  the  center  of  a  county,  then  a 
majority  vote  only  shall  be  necessary.”  If  the 
foregoing  proposition  shall  not  receive  a  major¬ 
ity  of  the  votes,  as  aforesaid,  then  the  same  shall 
have  no  effect  whatever. 

§  13.  Immediately  after  the  adoption  of  this 
constitution,  the  governor  and  secretary  of  state 
shall  proceed  to  ascertain  and  fix  the  apportion¬ 
ment  of  the  state  for  members  of  the  first  house 
of  representatives  under  this  constitution.  The 
apportionment  shall  be  based  upon  the  federal 
census  of  the  year  of  our  Lord  1870  of  the 
state  of  Illinois,  and  shall  be  made  strictly  in 
accordance  with  the  rules  and  principles  an¬ 
nounced  in  the  article  on  the  legislative  depart¬ 
ment  of  this  constitution  :  Provided ,  that  in  case 
the  federal  census  aforesaid  cannot  be  ascer¬ 
tained  prior  to  Friday,  the  23d  day  of  Septem¬ 
ber,  in  the  year  of  our  Lord  18  70,  then  the. 
said  apportionment  shall  be  based  on  the  state 
census  of  the  year  of  our  Lord  1865,  in  accord¬ 
ance  with  the  rules  and  principles  aforesaid. 
The  governor  shall,  'on  or  before  Wednesday, 
the  28th  day  of  September,  in  the  year  of  our 
Lord  1870,  make  official  announcement  of  the 
said  apportionment,  under  the  great  seal  of  the 
state;  and  100  copies  thereof,  duly  certified, 
shall  be  forthwith  transmitted  by  the  secretary 
of  state  to  each  county  clerk  for  distribution. 

§  14.  The  districts  shall  be  regularly  num¬ 
bered,  by  the  secretary  of  state,  commencing 
with  Alexander  county  as  number  one,  and  pro¬ 
ceeding  then  northwardly  through  the  state, 
and  terminating  with  the  county  of  Cook  :  but 
no  county  shall  be  numbered  as  more  than  one 


Constitution  of  1870. 


# 


[62] _ 

Schedule.  §  15. 


Organic  Laws  of  Illinois. 

Constitution  of  1870.  Note. 


district,  except  the  county  of  Cook,  which  shall 
constitute  three  districts,  each  embracing  the 
territory  contained  in  the  now  existing  repre¬ 
sentative  districts  of  said  county.  And  on  the 
Tuesday  after  the  first  Monday  in  November,  in 
the  year  of  our  Lord  1870,  the  members  of  the 
first  house  of  representatives  under  this  consti¬ 
tution  shall  be  elected  according  to  the  appor¬ 
tionment  fixed  and  announced  as  aforesaid,  and 
shall  hold  their  offices  for  two  years,  and  until 
their  successors  shall  be  elected  and  qualified. 

§  15.  The  senate,  at  its  first  session  under  this 
constitution,  shall  consist  of  50  members,  to  be 
chosen  as  follows  :  At  the  general  election  held 
on  the  first  Tuesday  after  the  first  Monday  of 
November,  in  the  year  of  our  Lord  1870,  two 
senators  shall  be  elected  in  districts  where  the 
term  of  senators  expire  on  the  first  Monday  of 
January,  in  the  year  of  our  Lord  1871,  or 
■where  there  shall  be  a  vacancy,  and  in  the  re¬ 
maining  districts  one  senator  shall  be  elected. 
Senators  so  elected  shall  hold  their  office  two 
years. 

§  16.  The  general  assembly,  at  its  first  ses¬ 
sion  held  after  the  adoption  of  this  constitution, 
shall  proceed  to  apportion  the  state  for  mem¬ 
bers  of  the  senate  and  house  of  representatives, 
in  accordance  with  the  provisions  of  the  article 
on  the  legislative  department. 

§  1  7.  When  this  constitution  shall  be  ratified 
by  the  people,  the  governor  shall  forthwith,  after 
having  ascertained  the  fact,  issue  writs  of  elec¬ 
tion  to  the  sheriffs  of  the  several  counties  of 
this  state,  or  in  case  of  vacancies,  to  the  coro¬ 
ners,  for  the  election  of  all  the  officers,  the  time 
of  whose  election  is  fixed  by  this  constitution  or 
schedule,  and  it  shall  be  the  duty  of  said  sher¬ 
iffs  or  coroners  to  give  such  notice  of  the  time 
and  place  of  said  election  as  is  now  prescribed 
by  law. 

§  18.  All  laws  of  the  state  of  Illinois,  and  all 
official  writings,  and  the  executive,  legislative 
and  judicial  proceedings,  shall  be  conducted, 
preserved  and  published  in  no  other  than  the 
English  language. 

§  19.  The  general  assembly  shall  pass  all  laws 
necessary  to  carry  into  effect  the  provisions  of 
this  constitution. 

§  20.  The  circuit  clerks  of  the  different  coun¬ 
ties  having  a  population  over  60,000,  shall  con¬ 
tinue  to  be  recorders  (ex-officio)  for  their  re¬ 
spective  counties,  under  this  constitution,  until 
the  expiration  of  them  respective  terms. 


§  21.  The  judges  of  all  courts  of  record  in 
Cook  county  shall,  in  lieu  of  any  salary  pro¬ 
vided  for  in  this  constitution,  receive  the  com¬ 
pensation  now  provided  by  Jaw  until  the  ad¬ 
journment  of  the  first  session  of  the  general 
assembly  after  the  adoption  of  this  constitution. 

§  22.  The  present  judge  of  the  circuit  court 
of  Cook  county  shall  continue  to  hold  the  cir¬ 
cuit  court  of  Lake  county  until  otherwise  pro¬ 
vided  by  law. 

§  23.  When  this  constitution  shall  be  adopted, 
and  take  effect  as  the  supreme  law  of  the  state 
of  Illinois,  the  two-mill  tax  provided  to  be  an¬ 
nually  assessed  and  collected  upon  each  dollar’s 
worth  of  taxable  property,  in  addition  to  all 
other  taxes,  as  set  forth  in  Article  XV.  of  the 
now  existing  constitution,  shall  cease  to  be  as- 
sessed  afrer  the  year  of  our  Lord  1870. 

§  24.  Nothing  contained  in  this  constitution 
shall  be  so  construed  as  to  deprive  the  general 
assembly  of  power  to  authorize  the  city  of 
Quincy  to  create  any  indebtedness  for  railroad 
or  municipal  purposes  for  which  the  people  of 
said  city  shall  have  voted  and  to  which  they 
shall  have  given,  by  such  vote,  their  assent,  prior 
to  the  13th  day  of  December,  in  the  year  of  our 
Lord  1869  :  Provided ,  that  no  such  indebted¬ 
ness,  so  created,  shall,  in  any  part  thereof  be 
paid  by  the  state,  or  from  any  state  revenue  tax 
or  fund,  but  the  same ‘shall  be  paid,  if  at  all,  by 
the  said  city  of  Quincy  alone,  and  by  taxes  to 
be  levied  upon  the  taxable  property  thereof; 
And  provide<l  further ,  that  the  general  assembly 
shall  have  no  power  in  the  premises,  that  it 
could  not  exercise  under  the  present  constitu¬ 
tion  of  this  state. 

§  25.  In  case  this  constitution,  and  the  articles 
and  sections  submitted  separately,  be  adopted, 
the  existing  constitution  shall  cease  in  all  its 

O 

provisions,  and  in  case  this  constitution  be 
adopted,  and  any  one  or  more  of  the  articles  or 
sections  submitted  separately  be  defeated,  the 
provisions  of  the  existing  constitution,  if  any, 
on  the  same  subject  shall  remain  in  force. 

§  26.  The  provisions  of  this  constitution  re¬ 
quired  to  be  executed,  prior  to  the  adoption  or 
rejection  thereof,  shall  take  effect  and  be  in 
force  immediately. 

D'me  in  Convention  at  the  capital,  in  the  city  of 
Springfield,  on  the  13th  day  of  May,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  seventy,  and  of 
the  Independence  of  the  United  States  of  America  the 
ninety-fourth. 


I 


TOWNSHIP  OKGANIZATION 


Counties  which  have  adopted  it  are  in  Italics. 


County. 

County  Seat. 

County. 

County  Seal. 

Adams . . . 

Lee  . 

Alexander . 

Livingston . . 

Bond . 

Logan . 

Boone . 

Macon . 

Brown . 

Macoupin  .  . . . 

Bureau . 

Madison . 

Calhoun . 

Marion . 

Carroll . 

Marshall . 

Cass  .  .  . 

Mason . 

Champaign . 

9 

Massac . 

Christian . 

McDonough  .  . 

Clark . 

McHenry  .... 

Clay . 

McLean . 

Clinton  . . 

Menard . . 

Coles . 

Mercer . 

Cook  . . 

Monroe . 

Crawford . 

Montgomery . . 

Cumberland . 

Morgan . 

De  Kalb . 

M oultrie 

De  Witt . 

Ogle  . 

Douglas . 

Peoria . 

Du  Page . 

Perry . 

Edgar . 

Piatt . 

Edwards . 

Pike  . 

Effingham . 

Pope . 

Fayette . 

Pulaski . 

Ford . 

Putnam . 

Franklin . 

Randolph  .... 

Fulton . 

Richland . 

Gallatin . 

Rock  Island.. . 

Greene  . 

Saline . 

Grundy  . 

Sangamon.  . . . 

Hamilton . 

Schuyler . 

Hancock . 

Scott . 

Hardin . 

Shelby . 

Henderson . 

Stark . 

Henry . 

St.  Clair . 

Iroquois . 

Stephenson.  . . , 

Jackson  . 

Tazewell . 

.Jasper . 

Union . 

Jefferson . 

Vermilion . 

.Jersey . 

Wabash . 

Jo  Daviess . 

Warren  . 

Johnson  . . 

Washington  .  . 

Kane . 

Wayne . 

Kankakee . 

White . 

Kendall . . 

Whiteside . 

Knox . . 

Will . 

lake  •  ... 

Williamson.  . . 

La  Salle . 

Winnebago. . . 

Lawrence . 

W oodford .... 

242 


Chapter  37. 

ELECTIONS. 


§  1.  Presidential  Electors . 

§  2.  Votes  Canvassed  by  Secretary. 

§  3.  Result  Published. 

§  4.  Meeting  of  Electors. 

§  5.  Elector  Not  Attending. 

§  6.  Time  of  General  Elections. 

§  7.  Election  Precincts. 

Voting  Places. 

§  8.  Appointment  of  Judges. 

§  9.  Additional  Judges. 

§10.  Clerks  of  Election. 

§11.  Notices  of  Election. 

§12.  New  Judges  Chosen. 

§13.  Oath  of  Judges  and  Clerks. 

§15.  Opening  and  Closing  Polls. 

§16.  Method  of  Voting. 

§17.  Form  of  the  Ticket. 

§18.  Ticket  Indorsed. 

§19.  Adjournment  Prohibited. 

§  20.  Voting  More  than  Once. 

§21.  Two  Tickets  Together. 

§22.  Unqualified  Voting. 

§  23.  Qualification  of  Voter. 

Challenge  to  Voter . 

§  24.  After  the  Oath. 

Refusing  the  Oath. 

§  25.  Penalties  Against  Judges. 

§  26.  Keeping  Order. 

§27.  Authority  of  Constables. 

§  28.  Certificate  to  Poll  Book. 

§  29.  Canvassing  by  Judges. 

§  30.  Tally  Lists  Kept. 

§  31.  Certificates  of  Election. 

§32.  After  Closing  the  Polls. 

§33.  Disposition  of  Ballots. 

§  34.  Abstracts  of  the  Votes. 

Certificates  to  Senators,  etc. 

§  35.  Canvassing  by  Clerks. 

To  be  at  Senior  County. 

§  36.  Compensation  of  Judges,  etc. 
§37.  Tie  Vote  —  Casting  Lots. 

§  38.  Abstract  sent  to  Secretary. 

§39.  Canvass  by  State  Officers. 

§  40.  Special  Messenger  Sent. 

Filling  Vacancies. 

§  41.  Members  of  the  Legislature. 

§  43.  Governor. 

§  44.  Sheriff,  Surveyor,  Coroner. 

§  45.  Congressmen. 

§  46.  Supreme  and •  Circuit  Judges. 
§47.  Supreme  and  Circuit  Clerks. 
Auditor  and  State's  Attorney. 
Treasurer  —  Secretary  of  State. 
§  48.  Penalties  on  Officers. 

§  49.  Against  Judges  of  Election. 


§  50.  Against  County  Clerks, 

§  51.  Poll  Book  Injured,  etc. 

Contesting  Elections, 

§  52.  Of  the  Notice  Required . 

§  53.  Trial  by  three  Justices. 

§  54.  Subpenas  Issued. 

§  55.  Witnesses  Attached. 

§  56.  Justice  Not  Attending. 

§  5  7.  Testimony  taken  —  Preserved, 

§  58.  Points  Specified  —  The  Clerk . 
§  59.  Judgment  Rendered. 

§  60.  Transmitting* Testimony. 

§  61.  Contest  by  Judge. 

§  62.  By  State’s  Attorney. 

§  63.  Elections  by  General  Assembly, 
§  64.  Betting  on  Elections. 

§  66.  Election  of  Supreme  Judges. 

§  67.  Election  oj  Circuit  Judges. 

§  68.  Canvassing  the  Returns. 

§  69.  Poll  Books  Provided. 

§  70.  And  Ballot  Boxes. 

§  71.  Keeping  Poll  Books. 

Care  of  Ballot  Boxes. 
Residence  —  Challenges. 

§  72.  Thirty  Days’  Residence. 

§  74.  Challenge  of  Voter. 

Residence  to  be  Given. 

§  75.  Penalties  Against  Judges. 

§  76.  Perjury  Punished. 

§  77.  All  Elections  Included. 

§  78.  Sale  of  Liquor. 

Registration. 

§  79.  First  Meeting  of  Board. 

§  80.  Register  of  Electors. 

Four  Copies  Made. 

One  Posted  or  Published. 

§  81.  In  New  Districts. 

§  82.  Second  Meeting  of  Board 
§  83.  Corrections  and  Additions 
*  §  84.  Proof  to  be  Made. 

§  85.  Four  Completed,  Lists. 

Voter  Not  Registered. 

§  86.  Clerks  of  the  Election. 

§  87.  Register  after  Canvass. 

§  88.  Clerks  of  the  Board. 

§  89.  Registers  to  be  Public. 

§  90.  Compensation  Allowed. 

§  91.  Board  to  Keep  Order. 

§  92.  Double  Registration. 

§  93.  Blanks  Prepared. 

§  94.  Limitation. 

§  95.  Township  Divided. 

§  96.  Judges  of  Election  Elected. 

§  98.  Criminal  Law  Extended.  4 
§  99.  After  One  Rejection. 


Repealed  :  See  ELECTIONS  §  239. 


Chap.  37.  §§  1—7. 


243 


Elections. 


Presidential  Electors  -  -  -  Election  Precincts. 

--  ■  '  • 

Laws  1849,  71.  12  Feb.  §  1.  P.  526.  S.  474.  H.  Presidential  Electors.]  There 
shall  be  elected  by  general  ticket  on  the  Tuesday  next  after  the  first  Monday  in  Novem¬ 
ber,  preceding  the  expiration  of  the  term  of  office  of  each  president  of  the  United  States, 
as  many  electors  of  president  and  vice  president  of  the  United  States  as  this  state  may  be 
entitled  to  elect ;  which  election  shall  be  conducted  and  returns  thereof  made  as  here¬ 
inafter  provided :  Provided ,  that  if  congress  should  hereafter  fix  a  different  day  for  such 
election,  then  the  election  for  electors  shall  be  held  on  such  day  as  shall  be  named  by  act 
of  congress. 

R.  S.  §  2,  214.  P.  515.  S.  464.  2.  Vote  Canvassed.]  The  clerks  of  the  several 

county  commissioners ’  courts,  shall,  within  eight  days  next  after  holding  an  election  for 
electors  as  is  provided  for  in  this  chapter,  make  three  copies  of  the  abstract  of  votes  for 
electors,  and  transmit  by  mail  one  of  said  copies  to  the  governor  or  person  administering 
the  government,  another  to  the  office  of  the  secretary  of  state,  and  retain  the  third  in  his 
office,  to  be  sent  for  by  the  governor,  in  case  both  the  others  should  be  mislaid.  Within 
20  days  after  the  holding  of  such  election,  and  sooner  if  all  the  returns  are  received  by 
either  the  governor  or  person  administering  the  government,  or  by  the  secretary  of  state, 
the  secretary  of  state,  auditor  of  public  accounts  and  treasurer,  or  any  two  of  them,  shall, 
in  the  presence  of  the  governor  or  person  administering  the  government,  proceed  to  open 
and  canvass  said  election  returns,  and  to  declare  the  persons  having  the  highest  number 
of  votes  elected  ;  but  should  any  two  or  more  persons  be  returned  with  an  equal  and  the 
highest  vote,  the  said  secretary  of  state,  shall  cause  a  notice  of  the  same  to  be  published 
in  the  paper  printed  by  the  public  printer,  which  notice  shall  name  some  day  and  place, 
not  less  than  five  days  from  the  time  of  the  publication  of  such  notice,  upon  which  the 
said  secretary,  auditor  and  treasurer,  will  decide  by  lot  which  of  said  persons  so  equal 
and  highest  are  elected  ;  and  upon  the  day  and  at  the  place  so  appointed  in  said  notice, 
the  said  secretary,  auditor  and  treasurer,  or  any  two  of  them,  shall,  in  the  presence  of  the 
governor  or  person  administering  the  government,  decide  by  lot  which  of  the  persons  so 
equal  and  highest  shall  be  elected. 

Ibid.  §  3.  3.  Result  Published.]  The  governor  or  person  administering  the  gov¬ 

ernment,  shall  cause  the  result  of  the  said  election  to  be  published  in  the  paper  printed 
by  the  public  printer,  and  shall  transmit  by  mail  to  the  persons  elected,  certificates  of 
their  election. 

Ibid.  §  4.  4.  Meeting  of  the  Electors.]  The  electors  chosen  as  aforesaid,  shall 

meet  at  the  seat  of  government  of  this  state,  at  the  time  appointed  by  the  laws  of  the 
United  States,  and  give  their  votes  in  the  manner  therein  provided,  and  perform  such 
duties  as  are  or  may  be  required  by  law.  Each  elector  shall  receive  for  every  20  miles 
necessary  travel  in  going  to  the  seat  of  government  to  give  his  vote,  and  in  returning  to 
his  residence,  to  be  computed  by  the  most  usual  route,  the  sum  of  $3.  to  be  paid  on  the 
warrant  of  the  auditor,  out  of  any  money  in  the  treasury,  not  otherwise  appropriated. 

Ibid.  §  5.  *5.  Elector  Not  Attending.]  In  case  any  person,  declared  duly  elected 

an  elector  of  president  and  vice  president  of  the  United  States,  shall  fail  to  attend  at  the 
state  house,  at  the  seat  of  government  of  this  state,  at  or  before  the  hour  of  12  o’clock  at 
noon,  of  the  day  on  which  his  vote  is  required  to  be  given,  it  shall  be  the  duty  of  the  elec¬ 
tor  or  electors  of  president  and  vice  president,  attending  at  that  time  and  place,  to  ap¬ 
point  a  person  or  persons  to  fill  such  vacancy  :  Provided ,  that  should  the  person  or  per¬ 
sons,  chosen  by  the  people  as  aforesaid,  arrive  at  the  place  aforesaid,  before  the  votes  for 
president  and  vice  president  are  actually  given,  the  person  or  persons  appointed  to  fill 
such  vacancy,  shall  not  act  as  elector  of  president  and  vice  president. 

§  6  Time  of  holding  general  elections  ;  repealed  by  §  21  of  the  following  act: 

Laws  1849,  71.  12  Feb.  §  2.  P.  526.  S.  474.  <8.  Time  of  General  Elections.] 

All  general  elections  for  the  election  of  governor,  lieutenant  governor,  secretary  of  state, 
auditor  of  public  accounts,  state  treasurer,  representatives  to  congress,  senators  and  rep¬ 
resentatives  to  the  general  assembly,  and  county  officers,  shall  be  held  on  the  Tuesday 
next  after  the  first  Monday  of  November  biennially,  except  for  such  offices  as  are  directed 
fo  be  chosen  at  other  times  than  biennially ;  which  elections  shall  be  conducted  as  is 
directed  by  this  act  and  the  act  to  which  this  is  an  amendment. 

’  R.  S.  §  7.  215.  P.  516.  S.  465.  7.  Election  Precincts  —  Voting  Places,]  The 

county  commissioners'’  courts  of  the  several  counties  in  this  state,  are  hereby  authorized  to 


Repealed:  See  ELECTIONS  §  t£3». 


Elections. 


Chap.  37.  §§  8—12.  244 

Appointment  of  Judges  -  -  -  Filling  Vacancies. 

divide  their  respective  counties  into  as  many  election  precincts,  for  all  general  and  spe¬ 
cial  elections,  as  they  may  think  expedient  for  the  convenience  of  the  voters  of  said 
county,  and  to  appoint  as  many  sets  of  judges  of  elections,  to  receive  votes  at  the  county 
seats,  as  they  may  think  necessary ;  and  shall  designate  the  house  or  place  in  each  pre¬ 
cinct,  and  in  the  precinct,  including  the  county  seat,  the  house  or  houses,  place  or  places, 
at  which  elections  are  to  be  holden  ;  and  the  precincts  and  places  of  holding  elections,  so 
established,  shall  so  remain  until  changed  by  the  county  commissioners'  court :  And  all 
general  and  special  elections  shall  be  held  at  the  places  so  designated  until  changed  as 
aforesaid  :  Provided  always ,  that  it  shall  be  the  duty  of  the  county  commissioners'  court  at 
any  time,  to  change  any  place  of  holding  elections,  upon  a  petition  of  a  majority  of  voters 
residing  within  the  precinct. 

Ibid.  §  8.  8.  Appointment  of  Judges.]  The  said  county  commissioners'  courts  shall, 

respectively,  at  the  last  stated  term  preceding  any  election,  appoint  three  capable  and  dis¬ 
creet  persons,  possessing  the  qualifications  of  electors,  to  act  as  judges  of  the  election  in 
each  election  precinct;  and  the  clerk  of  the  said  court  shall  make  out  and  deliver  to  the 
sheriff  of  the  county,  immediately  after  the  appointment  of  said  judges,  a  notice  thereof 
in  writing,  directed  to  the  judges  so  appointed ;  and  it  shall  be  the  duty  of  the  said  sheriff, 
within  20  days  after  the  receipt  of  said  notice,  to  serve  said  notice  upon  each  of  the  said 
judges  of  election.  ’  * 

Laws  1847,  47.  23  Feb.  §  1.  P.  526.  S.  478.  9.  Other  Sets  of  Judges.  *  # 

The  preceding  section]  is  hereby  so  amended,  as  to  give  the  county  commissioners  of  the 
several  counties  in  this  state,  power  and  authority  to  establish  more  than  one  set  of 
judges  of  election,  in  such  precincts  in  their  respective  counties,  when,  in  their  opinion, 
the  same  may  be  necessary  for  the  purpose  of  receiving  votes  at  all  general  or  special 
elections  ;  and  the  said  county  commissioners  may  appoint  as  many  sets  of  judges  of  elec¬ 
tion,  in  any  precinct  in  their  counties,  as,  in  their  judgment,  may  be  necessary  for  the 
convenience  of  the  voters :  Provided ,  they  shall  not  establish  more  than  one  set  of  judges 
of  election  in  any  precinct  where  less  than  300  votes  are  usually  polled  at  a  general  elec¬ 
tion. 

R.  S.  §  9,  215.  P.  516.  S.  465.  1#.  Clerks  of  Election.]  The  said  judges  of  the 

election  shall  choose  two  persons,  having  similar  qualifications  with  themselves,  to  act  as 
clerks  of  the  election.  The  said  judges  of  the  election  shall  be  and  continue  judges  of  all 
elections  of  civil  officers  to  be  held  within  their  precinct,  until  other  judges  shall  be  ap¬ 
pointed  as  hereinbefore  directed ;  and  the  said  clerks  of  election  may  continue  to  act  as 
such  during  the  pleasure  of  the  judges  of  the  election.  And  the  county  commissioners' 
courts  shall,  from  time  to  time,  fill  all  vacancies  which  may  take  place  in  the  office  of  judge 
of  the  election,  in  any  election  precinct  within  their  respective  counties. 

Ibid.  §  10.  If.  Notices.]  The  clerks  of  the  several  county  commissioners'  courts 
shall,  at  least  30  days  previous  to  any  general  election,  and  at  least  20  days  previous  to 
any  special  election,  make  out  and  deliver  to  the  sheriff  of  his  county,  three  written  no¬ 
tices  thereof,  for  each  precinct,  said  notices  to  be,  as  nearly  as  circumstances  will  admit,  as 
follows,  to-wit : 

Notice  is  hereby  given,  that  on  Monday,  the  .  .  day  of  .  .  next,  at  the  house  of  ...  in  .  . 

precinct,  in  the  county  of  .  .  an  election  will  be  held  for  governor,  one  lieutenant  governor,  one  repre¬ 

sentative  to  the  congress  of  the  United  States,  one  senator,  three  representatives  in  the  general  assembly 
of  this  state,  one  sheriff,  one  coroner,  three  county  commissioners,  etc.,  (as  the  case  may  require,)  which  elec¬ 
tion  will  be  opened  at  eight  o’clock  in  the  morning,  and  will  continue  open  until  six  o’clock  in  the  after¬ 
noon  of  the  same  day.  Dated  at  .  this  .  day  of  .  .in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  ...  A.  B. 

Clerk  of  the  county  commissioners'  court  of  .  .  county. 

Aud  the  said  sheriff  to  whom  such  notices  shall  be  delivered  as  aforesaid,  shall  post  up 
.n  three  of  the  most  public  places  in  each  precinct,  the  three  notices  referring  to  such 
precinct,  at  least  15  days  before  the  time  of  holding  any  general  election,  and  at  least 
eight  days  before  the  time  of  holding  any  special  election. 

Ibid.  §  11.  IS.  Filling  Vacancies.]  If  any  person  appointed  to  act  as  a  judge  of 
the  election  -as  aforesaid,  shall  neglect  or  refuse  to  be  sworn  or  affirmed  to  act  in  such 
capacity,  the  place  of  such  person  shall  be  filled  by  any  justice  of  the  peace,  residing 
within  the  precinct,  to  be  nominated  by  the  other  judge  or  judges  of  the  election  ;  and  if 
there  be  no  other  justice  present  to  act  as  judge,  the  other  judge  or  judges  of  the  elec¬ 
tion  shall  nominate  one  or  more  capable  and  discreet  elector  or  electors  residing  within 


Superseded.  ,  Repealed:  See  ERECTIONS  §  23fl. 


Chap.  37.  §§  13—10. 


245 


Elections. 


Oath  -  -  -  Adjournment. 

the  precinct,  to  fill  such  vacancy  or  vacancies ;  and  if  there  be  no  judge  of  the  election 
present  to  fill  such  vacancy  or  vacancies  by  nomination,  then  such  vacancy  or  vacancies 
shall  be  filled  by  the  votes  of  such  qualified  electors,  residing  within  the  precinct,  as  may 
then  be  present  at  the  place  of  election;  and  the  justice  or  justices,  person  or  persons, 
so  elected  or  nominated  to  fill  such  vacancy  or  vacancies,  shall  be,  and  are  hereby  vested 
with  the  same  power  as  if  appointed  by  the  county  commissioners’  court. 

Ibid.  §  12.  IS.  Oath.]  Previous  to  any  votes  being  taken,  the  judges  and  clerks  of 
the  election  shall  severally  take  an  oath  or  affirmation,  in  the  following  form,  to-wit ; 

I,  A.  B.,  (lo  solemnly  swear,  (or  affirm,  as  the  case  may  be,)  that  I  will  perform  the  duties  of  judge,  (or 
clerk,  as  the  case  may  be,)  according  to  law  and  the  best  of  my  ability;  that  I  will  studiously  endeavor  to 
prevent  fraud,  deceit  and  abuse,  in  conducting  the  same. 

Ibid.  §  13.  14:.]  In  case  there  shall  be  no  judge  or  justice  of  the  peace  present  at  the 

opening  of  the  election,  or  in  case  such  judge  or  justice  shall  be  appointed  a  judge  or  clerk 
of  the  election,  it  shall  be  lawful  for  the  judges  of  the  election,  and  they  are  hereby  em¬ 
powered  to  administer  the  oaths  or  affirmations  to  each  other,  and  to  the  clerks  of  the 
election  ;  and  the  person  administering  such  oaths  or  affirmations,  shall  cause  an  entry 
thereof  to  be  made  and  subscribed  bv  him,  and  prefixed  to  the  poll-books. 

Ibid.  §  14.  1*5.  Opening  and  Closing  the  Polls.]  At  all  elections  to  be  held 

under  this  chapter,  the  polls  shall  be  opened  at  the  hour  of  eight  in  the  morning,  and  con¬ 
tinue  open  until  six  o’clock  in  the  afternoon  of  the  same  day,  at  which  time  the  polls  shall 
be  closed :  Provided  ^however,  that  if  no  judge  shall  attend  at  the  hour  of  eight  in  the 
morning,  and  it  shall  be  necessary  for  the  electors  present  to  appoint  judges  to  conduct 
i  the  election,  as  hereinbefore  prescribed,  the  election  may,  in  that  case,  commence  at  any 
j  hour  before  the  time  for  closing  the  polls  shall  arrive,  as  the  case  may  require  :  And,  pro¬ 
vided  also,  that  the  judges  of  the  election  may,  if  they  shall  deem  it  necessary,  for  the 
purpose  of  receiving  the  votes  of  all  the  electors  wishing  to  vote,  postpone  the  closing  of 
the  polls  until  12  o’clock  at  night.  And  upon  opening  the  polls,  one  of  the  clerks,  under 
the  direction  of  the  judges,  shall  make  proclamation  of  the  same,  and  30  minutes  before 
the  closing  of  the  polls,  proclamation  shall  be  made  in  like  manner  that  the  polls  will  be 
closed  in  half  an  hour. 

§  15.  Voting  to  be  viva  voce  ;  repealed  by  §  21  of  the  following  act : 

Laics  1849,  74.  12  Feb.  §  15.  P.  529.  S.  477.  16.  Method  of  Voting.]  The 

method  of  voting  shall  be  by  ballot,  which  ballot  shall  be  folded  by  the  voter  and  delivered 
to  one  of  the  judges  or  board  of  election,  who  shall,  without  unfolding  or  opening  the 
same  in  any  manner,  deposit  the  said  ballot  in  the  said  ballot-box :  Provided,  that  no  bal¬ 
lot  shall  be  received  or  counted  unless  the  same  is  written  or  printed  upon  white  paper, 
without  any  marks  or  figures  thereon,  intended  to  distinguish  one  ballot  from  another. — 
[But  blue  paper  with  ruled  lines,  not  placed  there  as  marks  may  be  used  ;  The  People  v.  Kilduff,  15  Ill. 
492. 

Ibid.  §  13.  IT.  Form:  of  the  Ticket.]  Every  ticket  handed  in  shall  contain  the 
name  of  every  candidate  such  voter  intends  voting  for,  either  in  writing  or  print,  designat¬ 
ing  the  office  to  which  he  wishes  each  to  be  elected  ;  and  if  more  persons  are  designated 
for  any  office  than  there  are  candidates  to  be  elected,  such  part  of  the  ticket  shall  not  be 
counted  for  either  of  them  ;  but  no  vote  shall  be  rejected  for  the  want  of  form,  if  the 
judges  or  board  of  election  can  determine  therefrom,  to  their  satisfaction,  the  person  voted 
for,  and  the  office  which  the  voter  intended  such  person  should  fill. 

i  Laws  1861,  268.  22  Feb.  §  5.  18.  Ballot  Indorsed.]  At  all  elections,  general  or 

special,  in  this  state,  where  the  vote  is  by  ballot,  if  the  judges  of  elections  are  satisfied, 
under  the  provisions  of  this  act,  and  the  other  laws  of  this  state  relating  to  elections,  that 
the  person  offering  the  vote  is  a  legal  voter,  he  shall  indorse  on  the  back  of  the  ticket 
offered  the  number  corresponding  with  the  number  of  the  voter  on  the  poll-book,  and  put 
said  ticket  immediately  in  the  ballot-box  ;  and  the  clerks  of  the  election  shall  enter  the 
name  of  the  voter  and  his  number  in  the  poll-book. 

I  Laws  1865,59.  15  Feb.  §  16.  fiS>.  •*  *  The  preceding  section]  shall  be  con 

strued  so  as  to  require  the  number  to  be  indorsed  by  the  judges  or  inspectors  of  election 
on  every  ballot  cast,  and  in  all  elections,  general  or  special,  in  pursuance  of  any  law  of 

I  •.his  state. 

Adjournment.]  After  the  opening  of  the  polls,  no  adjournment  shall  be  had,  nor 


Repealed:  See  ERECTIONS  §  230.  Superseded. 


Elections. 


Chap.  37.  §§  20—26.  246 

Voting  More  than  Once  -  -  -  Keeping  Order. 

I  shall  any  recess  be  taken  until  all  the  votes  cast  at  such  election  shall  have  been  counted, 
and  the  result  publicly  announced :  Provided ,  that  judges  and  inspectors  of  elections 
shall  each  be  allowed  the  sum  of  $2.  for  each  and  every  day’s  service  by  them  performed 
,  under  the  requirements  of  this  act. 

§  16.  Voting  to  be  out  of  the  precinct  in  certain  cases;  repealed  by  §  21  of  act  of  12  Feb.  1849  above 
cited. 

R.  S.  §  17,  217.  P.  518.  S.  467.  SO.  Voting  More  than  Once.]  If  any  elector 
shall  vote  more  than  once  at  any  election  held  under  the  authority  of  this  chapter,  he  shall 
:be  fined  in  the  sum  of  $100.,  to  be  recovered  by  indictment  before  any  court  of  competent 
jurisdiction ;  and  the  whole  of  such  fine  shall  be  appropriated  to  the  use  of  the  county  in 
which  the  offense  may  have  been  committed. 

Laws  1849,  73.  12  Feb.  §  12.  31.  Two  Tickets  Together.]  Each  qualified  voter 

may  vote  once  and  no  more  ;  and  if  any  person  shall  attempt  to  vote  more  than  once,  or 
to  hand  in  two  or  more  tickets  folded  together,  every  person  so  offending  shall  be  liable 
to  indictment,  and  on  conviction  shall  be  fined  in  any  sum  not  exceeding  $50. 

Laws  1861,  268.  22  Feb.  §  4.  33.  Unqualified  Voting.]  If  any  person  shall  vote 

more  than  once  at  any  election  held  under  the  authority  of  the  laws  of  this  state,  or  shall 
vote  at  any  such  election,  who  is  not  a  qualified  voter  at  the  place  where  he  so  votes,  or 
!  shall  offer  to  vote,  after  having  once  voted  at  such  election,  he  shall,  on  conviction  thereof, 
j  be  confined  in  the  penitentiary  for  any  term  not  less  than  one  or  more  than  five  years. 

§  18.  Qualifications  of  voters  and  proceedings  in  case  of  challenge;  repealed  by  §  21  of  the  following 
act  : 

Laws  1849,72.  12  Feb.  §  10.  33».  Qualification  of  Voters  —  Challenges.] 

f  At  any  and  all  elections  held  in  this  state,  every  white  male  citizen  above  the  age  of  21 
I  years,  having  resided  in  this  state  one  year  next  preceding  any  election,  and  every  white 
[male  inhabitant  of  the  age  aforesaid,  who  was  a  resident  of  this  state  on  the  first  day  of 
|  April,  A.  D.,  1848,  shall  be  entitled  to  vote  at  any  election  ;  but  no  person  shall  be  entitled 
[to  vote  except  in  the  precinct,  place,  or  township  where  a  poll  shall  be  held,  in  which  he 
\  shall  actually  reside  at  the  time  of  such  election:  Provided ,  that  when  any  such  person 
■shall  offer  his  vote  and  either  of  the  judges  of  the  election  shall  suspect  that  such  person 
jis  not  a  qualified  voter,  or  if  his  vote  shall  be  challenged  by  any  elector,  the  judge  of  the 
election  shall  tender  to  such  person  the  following  oath  or  affirmation  : 

You  do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  you  area  resident  of  this  precinct,  place,  or 
township,  that  you  are  a  citizen  of  this  state,  and  have  resided  herein  one  year  preceding  this  election,  or 
that  you  was  an  inhabitant  of  this  state  on  the  first  day  of  April,  in  the  year  of  our  Lord  1848,  that  you 
are  above  the  age  of  21  years,  and  that  you  have  not  voted  at  this  election  :  So  help  you  God. 

Every  vote  offered  by  any  person  who  shall  refuse  to  take  the  foregoing  oath  shall  be 
rejected. 

R.  aS".  §  19,  217.  P.  518.  S.  467,  34.  After  the  Oath.]  If  any  person  so  offering 

his  vote  at  such  election,  shall  take  such  oath  or  affirmation,  or  shall  offer  to  take  such 
oath  or  affirmation,  as  prescribed  in  *  *  [§  18,  now  repealed,]  his  vote  shall  be 

received,  unless  it  shall  be  proved  by  evidence  satisfactory  to  a  majority  of  the  judges, 
that  such  oath  or  affirmation  is  false ;  and  if  such  person  shall  refuse  to  take  such  oath 
or  affirmation,  his  vote  shall  be  rejected ;  and  if  any  person  shall  take  the  oath  or  affirma¬ 
tion  as  is  before  named,  knowing  such  oath  or  affirmation  to  be  false,  he  shall  be  deenfed 
guilty  of  wilful  and  corrupt  perjury,  and  punished  accordingly.  —  [Consult  also  §  49. 

Laws  1849,  75.  12  Feb.  §  20.  35.  Penalties  against  Judges.]  If  any  judge  or 

the  judges  of  any  election  shall  refuse  to  receive  the  vote  of  any  qualified  elector  who 
shall  take,  or  offer  to  take,  the  oath  prescribed  by  this  act,  in  such  case  every  judge  so 
refusing  or  neglecting  to  receive  the  vote  or  ballot,  or  opening  or  unfolding  such  ballot, 
when  the  same  shall  be  presented,  shall  be  liable  to  be  indicted,  and,  on  conviction,  shall 
be  fined  $500.,  and  imprisonment  [imprisoned]  not  exceeding  30  days;  and  for  every 
refusal  or  neglect  to  receive  such  vote,  the  party  aggrieved  may  have  an  action  on  the 
case  against  the  said  judge  or  judges;  the  damages  in  such  case  shall  not  exceed  the  sum 
of  $500. 

§  20.  Unqualified  voting  ;  changed  by  §  22  above. 

R.  £'.§21.  3©.  Keeping  Order.]  For  the  preservation  of  order,  as  well  as  the 

security  of  the  judges  and  clerks  of  the  election  from  insult  and  abuse,  it  shall  be  the 
iuty  of  any  constable  or  constables  residing  within  the  precinct,  who  shall  be  designated 


Repealed:  See  ERECTIONS  §  239. 


Chap.  37.  §§  27 


0  9 
O  +j% 


247 


Elections. 


Kpeping  Onler  -  -  -  Certificate  of  Election. 

for  the  purpose,  by  the  judges  of  the  election,  to  attend  at  all  elections  within  such  pre¬ 
cinct  ;  and  should  no  constable  attend  at  such  election,  the  judges  of  election  are  hereby 
authorized  and  empowered  to  appoint  one  or  more  special  constables  to  assist  in  preserv¬ 
ing  order  during  the  election  ;  and  the  judges  are  hereby  empowered  to  impose  a  fine, 
not  exceeding  $20.,  on  any  person  or  persons  who  shall  conduct  in  a  disorderly  and  riot- 
•  ous  manner,  and  persist  in  such  conduct  after  having  been  warned  of  its  consequences  ; 
and  on  refusal  to  pay  the  same,  to  commit  him  or  them  to  the  common  jail  of  the  county, 
for  any  time,  not  exceeding  20  days,  or  until  the  fine  shall  be  paid  ;  and  the  constable  to 
whom  the  order  shall  be  directed,  and  the  jailer  of  the  county,  are  hereby  required  to 
execute  such  order,  and  receive  such  person  or  persons  so  committed,  as  though  it  had 
been  issued  or  delivered  by  a  magistrate  in  due  form  of  law. 

Ibid.  §  22.  37.]  The  county  commissioners'  court  in  each  county,  may,  if  necessary, 

appoint  some  constable  to  attend  each  precinct,  and  preserve  order  during  said  election  ; 
and  the  said  constable  shall  have  authority  to  call  to  his  aid  a  sufficient  number  of  citizens 
to  suppress  any  riot  or  other  disorderly  conduct  during  said  election,  and  there  shall  be 
paid  to  said  constable  out  of  the  county  treasury*  a  sum  not  exceeding  $1.  a  day  for  said 
4  services. 

Ibid.  §  23.  38.  C  ertificate.]  When  the  votes  shall  have  been  examined  and 

counted,  the  clerks  shall  set  down  in  their  poll  books,  the  name  of  every  person  voted  for, 
;  written  at  full  length,  the  office  for  which  such  person  received  such  vote  or  votes,  and 
the  number  he  did  receive,  the  number  being  expressed  in  words  at  full  length  ;  such 
entry  to  be  made,  as  nearly  as  circumstances  will  admit,  in  the  following  form,  to-wit: 

c  At  an  election  held  at  the  house  of  .  .  in  .  .  precinct,  in  the  county  of  .  .  and  state  of  Illinois 
f  on  the  .  .  day  of  .  .  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  .  .  ,  the  following 
;  named  persons  received  the  number  of  votes  annexed  to  their  respective  names,  for  the  following  described 
\  offices,  to-wit : 

A.  B.  had  fifty- three  votes  for  governor. 

C.  D.  had  fifty-one  votes  for  governor.  *  *  (And  in  the  same  manner  for  any  other  persons  or  officers 
voted  for.)  Certified  by  us,  A.  B., 

Attest :  |  Clerks  of  the  election. 

Laws  1849,  74.  12  Feb.  §  17.  P.  529.  S.  477.  3®.  Canvass  of  Votes.]  As  soon 

as  the  polls  at  any  election  shall  have  finally  closed,  the  judges,  or  board  and  clerks,  may 
adjourn  the  counting  and  canvassing  of  the  votes  to  some  convenient  hour  of  the  next 
ensuing  day,  at  which  time  they  shall  proceed  to  canvass  the  votes  polled,  by  first  count¬ 
ing  the  whole  number  of  ballots  in  the  box;  if  the  ballots  shall  be  found  to  exceed  the 
number  of  names  entered  on  each  of  the  poll  lists,  they  shall  be  replaced  in  the  box,  and 
one  of  the  judges  shall  publicly  draw  out  and  destroy  so  many  ballots  unopened  as  shall 
be  equal  to  such  excess,  and  the  ballots  or  poll  lists  agreeing,  or  being  made  to  agree,  the 
board  shall  proceed  to  count  and  estimate  and  publish  the  votes. 

Ibid.  §  18.  SO.  Tally  Lists.]  As  the  judges  or  board  of  election  shall  open  and 
read  the  tickets,  each  clerk  shall  carefully  mark  down  the  votes  each  candidate  shall 
receive,  in  separate  columns  prepared  for  that  purpose,  with  the  name  of  such  candidate 
at  the  head  of  such  column,  and  the  office  or  place  it  is  designed  by  the  voters  such  can¬ 
didate  shall  fill  ;  but  if,  on  such  canvassing,  two  tickets  shall  be  found  deceitfully  folded 
together,  they  shall  both  be  rejected,  as  if  the  same  had  never  been  deposited  in  the 
ballot-box. 

Ibid.  §  19.  31.  crtificate  of  Election.]  As  soon  as  all  the  votes  shall  have 

been  read  off  and  counted,  the  judges  or  board  of  election  shall  make  out  a  certificate 
under  their  hands,  stating  the  number  of  votes  each  candidate  received,  designating  the 
office  for  which  such  person  received  such  vote  or  votes,  as  is  prescribed  and  directed  by 
§  23  of  Chap.  37  of  the  revised  statutes,  entitled  “Elections;”  and  the  said  certificate* 
together  with  one  of  the  lists  of  voters,  and  one  of  the  tally  papers,  shall  be  put  into  the 
hands  of.  one  of  the  judges  or  board  of  election,  who  shall,  within  four  days  thereafter, 
deliver  the  same  to  the  clerk  of  the  county  court,  or  his  deputy,  at  the  county  seat,  or 
place  of  holding  county  courts  ;  and,  when  received,  such  clerk  or  deputy  shall  proceed 
to  open,  canvass  and  publish  the  return  from  each  precinct,  township  or  place,  as  is  now 
provided  by  law. 

Laws  1861,  269.  22  Feb.  §  6.  33.  After  the  Polls  Close.]  At  the  close  of  the 

polls,  the  poll-books  shall  be  signed  by  the  judges  and  attested  by  the  clerks  ;  the  names 


Judges  of  the  election. 


Repealed :  See  EJECTIONS  §  ‘239. 


248 


Elections. 


Chap.  37.  §§  33 — 36. 

Disposition  of  Ballots  -  -  -  Compensation  of  Judges,  etc. 

therein  contained  shall  then  be  counted,  and  the  number  set  down  at  the  foot  of  the  poll- 
books. 

Ibid.  §  7.  33.  Disposition  of  the  Ballots.]  All  the  ballots  counted  by  the 

judges  of  election  shall,  after  being  read,  be  strung  upon  a  strong  thread  or  twine,  in  the 
order  in  which  they  have  been  read,  and  shall  then  be  carefully  enveloped  and  sealed  up 
by  the  judges,  who  shall  direct  the  same  to  the  officer  or  officers  to  whom  by  law  they  are 
required  to  return  the  poll-books,  and  shall  be  delivered,  together  with  said  poll-books,  to 
said  officer  or  officers,  who  shall  carefully  preserve  said  ballots  for  six  months,  and  at  the 
expiration  of  that  time  shall  destroy  them.  And  in  all  cases  of  contested  election,  the 
parties  contesting  the  same  shall  have  the  right  to  have  the  said  package  of  ballots 
opened,  and  said  ballots  referred  to  by  witnesses  for  the  purpose  of  such  contest.  But 
said  ballots  shall  only  be  so  examined  and  referred  to  in  the  presence  of  the  officer  having 
the  custody  thereof. 

§  24.  Messenger  to  carry  the  poll  hooks  ;  repealed  by  the  act  12  Feb.  1849 ;  Laws  1849,  75  §  21. 

R.  S.  §  25,  219.  P.  520.  >3.  468.  34.  Abstract  of  Votes —  Certificate  of  Elec¬ 

tion.]  On  the  seventh  day  after  the  close  of  the  election,  or  sooner  if  all  the  returns  be  re¬ 
ceived,  the  clerk  of  the  county  commissioners'  court,  taking  to  his  assistance  two  justices  of 
the  peace  of  his  county,  shall  proceed  to  open  the  said  returns,  and  make  abstracts  of  the 
votes  in  the  following  manner :  the  abstract  of  the  votes  for  governor  and  lieutenant  gov¬ 
ernor  shall  be  on  one  sheet,  and  the  abstract  of  votes  for  representatives  to  congress  shall 
be  on  another  sheet,  and  the  abstract  of  votes  for  senator  and  representatives  to  the  general 
assembly  shall  be  on  another  sheet,  and  the  abstract  of  votes  for  county  officers  shall  be  on 
another  sheet ;  or  if  the  election  shall  have  been  holden  for  presidential  electors,  the  ab¬ 
stract  of  votes  shall  be  on  one  sheet ;  and  it  shall  be  the  duty  of  the  said  clerk  of  the 
county  commissioners'  court,  immediately  to  make  out  a  certificate  of  election  to  each  of  the 
persons  having  the  highest  number  of  votes  for  senator  and  representatives  to  the  general 
assembly  and  county  officers  respectively,  and  to  deliver  such  certificate  to  the  person  en¬ 
titled  to  it.  on  his  making  application  for  that  purpose  to  the  clerk  at  his  office. 

Ibid.  §  26.  3£5.  Senatorial  and  Representative  Districts.]  But  where  two  cr 

more  counties  are  united  in  one  senatorial  or  representative  district,  the  clerk  of  the 
county  commissioner court  of  the  county  last  established,  shall,  within  12  days  after  the 
day  of  the  election,  attend  at  the  office  of  the  clerk  of  the  county  commissioners'  court 
of  the  senior  county,  and  there,  in  conjunction  with  the  clerk  or  clerks  of  the  senior  county 
or  counties,  shall  compare  the  votes  given  in  the  several  counties  composing  such  senato¬ 
rial  or  representative  district;  and  said  clerks  shall  immediately  make  out  a  certificate  of 
the  election  of  the  person  or  persons  having  the  highest  number  of  votes  in  such  counties 
for  senator  or  representatives  to  the  general  assembly:  which  certificate  shall  be  delivered 
to  the  person  entitled  to  it,  on  his  application  to  the  clerk  of  the  county  commissioners' 
court  of  the  senior  county  at  his  office  ;  and  it  shall  be  the  duty  of  the  county  commission¬ 
ers'  court  of  the  county  where  the  polls  are  so  compared,  to  compute  the  number  of  miles 
each  clerk  or  other  person  shall  travel  in  going  and  returning  from  the  county  where  he  is 
so  appointed,  to  the  place  of  comparing  the  polls :  and  it  shall  be  the  duty  of  the  county 
comynissioners'  court  where  the  polls  are  so  compared,  to  make  an  allowance  to  said 
clerks  or  other  persons  who  may  take  the  vote  of  each  county  as  aforesaid,  a  compensation 
not  exceeding  six  cents  per  mile,  going  to  and  returning  from  said  place  of  comparing, 
to  be  paid  equally  out  of  the  county  treasuries  of  the  respective  counties  in  which  said 
clerk  or  other  person  may  be  appointed;  and  it  shall  be  the  further  duty  of  the  county 
commissioners’  courts,  when  the  polls  are  so  compared,  to  make  an  estimate  of  all  the 
expense  so  incurred  by  the  counties  respectively  voting  together,  and  divide  the  same 
among  said  counties  so  voting,  respectively,  and  shall  give  to  each  clerk  or  other  person, 
a  certified  statement  of  the  same,  under  the  seal  of  said  court ;  and  it  shall  be  the  duty  of 
the  county  commissioners'  court  of  the  county  where  said  clerk  or  other  person  shall  be 
appointed,  on  the  production  of  said  certified  statement,  to  pay  to  said  .clerk  or  other  per¬ 
ron  the  amount  which  appears  to  be  due  him,  out  of  the  county  treasury. 

Ibid.  §  27.  3B.  Compensation  of  Judges  and  Clerks.]  It  shall  be  the  duty  of 

the  clerk  of  the  county  commissioners'  court  in  each  county,  on  the  receipt  of  the  election 
returns  of  any  ireneral  or  special  election,  to  make  out  his  certificate,  statins;  therein  the 

^  O  Jr  "  1  £75 


Repealed:  See  ELECTIONS  §  2.19. 


Chap.  37.  §§  37 — 43. 


249 


Elections. 


Tie  Vote  -  -  -  Vacancy  —  Governor. 

compensation  to  which  the  judges  and  clerks  of  each  election  may  be  entitled  for  their 
services,  and  lay  the  same  before  the  next  commissioners'  court  of  the  county;  and  the 
said  court  shall  order  the  compensation  aforesaid  to  be  paid*  out  of  the  county  treasury. 

Ibid.  §  28.  37.  Tr  Vote.]  If  the  requisite  number  of  senators  or  representatives, 

or  county  officers,  shall  not  be  elected,  by  reason  of  any  two  or  more  persons  having  an 
equal  and  the  highest  number  of  votes  for  one  and  the  same  office,  the  clerk  or  clerks 
whose  duty  it  is  to  compare  the  polls,  shall  give  notice  to  the  several  persons  so  having 
the  highest  and  an  equal  number  of  votes,  to  attend  at  the  office  of  the  proper  clerk,  at  a 
time  to  be  appointed  by  the  said  clerk  or  clerks,  who  shall  then  and  there  proceed  pub¬ 
licly,' to  decide  by  lot,  which  of  the  persons  so  having  an  equal  number  of  votes  shall  be 
declared  duly  elected  ;  and  the  said  clerk  or  clerks  shall  make  out  and  deliver  to  the 
person  thus  declared  duly  elected,  a  certificate  of  his  election  as  hereinbefore  provided. 

Ibid.  §  29.  38.  Abstract  for  Secretary  of  State.]  The  clerk  of  the  county  com¬ 

missioners'  court,  immediately  after  making  out  abstracts  of  votes  given  in  his  county,  shall 
make  a  copy  of  each  of  said  abstracts,  and  transmit  it  by  mail  to  the  office  of  the  secretary 
of  state  ;  the  abstract  of  votes  for  governor  and  lieutenant  governor  being  addressed  to 

I  the  speaker  of  the  house  of  representatives,  and  inclosed  with  the  other  abstracts  to  the 
secretary’s  office  as  aforesaid  ;  and  it  shall  be  the  duty  of  the  secretary  of  state,  at  the 
opening  of  the  succeeding  session  of  the  general  assembly,  to  deliver  all  such  abstracts 
of  votes  for  governor  and  lieutenant  governor,  or  for  either  of  them,  to  the  speaker  of  the 
house  of  representatives. 

Ibid.  §  30.  39.  Canvass  by  State  Officers.]  The  secretary  of  state,  auditor, 

treasurer  and  attorney  general,  or  any  two  of  them,  in  the  presence  of  the  governor,  shall 
proceed,  within  50  days  after  the  election,  and  sooner,  if  all  the  returns  be  received,  to 
canvass  the  votes  given  for  representatives  to  congress  ;  and  the  governor  shall  grant  a  cer¬ 
tificate  of  election  to  the  person  or  persons  having  the  highest  number  of  yotes,  and  shall 
also  issue  a  proclamation,  declaring  the  election  of  such  person  or  persons.  In  case  there 
shall  be  no  choice,  by  reason  of  any  two  or  more  persons  having  an  equal  number  of 
votes,  the  election  shall  be  determined  by  lot,  under  the  direction  of  the  governor,  in  the 
manner  prescribed  in  §  28  of  this  chapter. 

laid.  §  31.  4:©*  Special  Messenger.]  If  the  returns  of  the  election  of  any  county  in 

this  state,  shall  not  be  received  at  the  office  of  the  secretary  of  state,  within  30  days  after 
the  day  of  election,  the  said  secretary  shall  forthwith  send  a  messenger  to  the  clerk  of  the 
county  commissioners'  court  of  such  county,  whose  duty  it  shall  be  to  furnish  the  said  mes¬ 
senger  with  a  copy  of  such  returns  ;  and  the  said  messenger  shall  be  paid  out  of  the  state 
treasury  the  sum  of  10  cents  for  each  mile  he  shall  necessarily  travel  in  going  to,  and 
returning  from  the  office  of  the  said  clerk. 

R.  S.  §  32,  221.  P.  522.  S.  470.  41.  Vacancies  —  M  embers  of  the  Legisla¬ 
ture.]  When  any  vacancy  shall  happen  in  the  office  of  senator  or  representative  to  the 
general  assembly,  by  death,  removal  or  otherwise,  it  shall  be  the  duty  of  the  clerk  of  the 
county  commissioners'  court  of  the  county,  if  one  county  only  compose  the  senatorial  or 
representative  district,  as  soon  as  he  shall  have  been  informed  thereof,  to  notify  the  gov¬ 
ernor  of  such  vacancy,  and  if  there  be  more  than  one  county  comprised  within  the  limits 
of  such  senatorial  or  representative  district,  it  shall  be  the  duty  of  the  clerk  of  the  county 
commissioners'  court  of  the  senior  county  in  such  district,  so  to  notify  the  governor,  and 
the  governor  shall  issue  a  writ  of  election,  directed  to  the  sheriff  of  the  county  in  which 
such  vacancy  shall  happen,  commanding  him  to  notify  the  several  judges  of  election  in 
his  comity,  to  hold  a  special  election  to  fill  such  vacancy  or  vacancies,  at  a  time  to  be  ap¬ 
pointed  by  the  governor:  Provided ,  that  if  there  is  to  he  no  session  of  the  general  assem¬ 
bly  between  the  happening  of  such  vacancy  and  the  time  of  the  general  election,  it  shall 
not  be  necessary  to  order  a  special  election  to  fill  such  vacancy. 

Ibid.  §  33.  4l2.]  Elections  to  fill  vacancies  in  either  branch  of  the  general  assembly, 

occurring  during  the  sessions  of  the  legislature,  may  be  iieid  on  such  notice,  not  less  than 
five  nor  more  than  20  days,  as  the  governor  may  direct  in  the  writ  of  election  issued  to  fill 
such  vacancy. 

Ibid.  §  34.  43.  Vacancy  —  Governor.]  If  any  vacancy  shall  happen  in  the  office 

jf  governor  by  death,  resignation,  removal  from  office,  or  refusal  by  the  governor  elect  to 
take  the  requisite  oath  of  office,  it  shall  be  the  duty  of  the  secretary  of  state  to  notify  the 


Repealed :  See  ELECTIONS  §  239. 


Chap.  37.  §§  44 — 48.  250  Elections. 

Vacancies  -  -  -  Penalties. 

clerks  of  the  county  commissioners’  courts  of  the  several  counties  in  this  state,  that  at  the 
next  succeeding  general  election  of  members  of  the  general  assembly,  or  electors  of  pres¬ 
ident  and  vice  president,  (as  the  case  may  be,)  an  election  will  be  held  to  fill  such  va¬ 
cancy  :  Provided  however ,  that  the  secretary  shall  not  give  such  notice,  nor  shall  such  special 
election  of  governor  take  place  unless  the  vacancy  shall  have  happened  at  least  40  days 
previous  to  such  general  election  for  members  of  the  general  assembly,  or  of  electors  of 
president  and  vice  president  of  the  United  States,  nor  unless  a  regular  session  of  the 
general  assembly  shall  intervene  between  the  time  when  such  vacancy  shall  have  hap¬ 
pened  and  the  succeeding  quadrennial  election  of  governor. 

2  Laivs  1849,  8.  6  Nov.  §  1.  P.531.  S.  471.  ’441.  Vacancies  —  Sheriff  —  Sur¬ 

veyor —  Coroner.]  Whenever  a  vacancy  shall  happen  in  the  office  of  sheriff,  county 
surveyor  or  coroner  of  any  county  of  this  state,,  by  death,  resignation,  or  removal  of  any 
incumbent,  it  shall  be  the  duty  of  the  clerk  of  the  county  court  of  such  county  immedi¬ 
ately  to  notify  the  governor  of  that  fact,  and  it  shall  be  the  duty  of  the  governor  to  issue 
a  writ  of  election  to  fill  such  vacancy,  and  direct  the  time  of  holding  the  same  ;  which 
election  shall  be  proceeded  in  as  in  other  cases  of  election. —  [Former  elections  to  fill  va¬ 
cancies  in  these  offices  continued ;  2  Laws  1849,  8. 

R.  S.  §  36,  221.  P.  523.  S.  471.  4o.  Vacancies  —  Congressmen.]  When  any 

vacancy  shall  happen  in  the  office  of  representative  to  congress  from  this  state,  it  shall  be 
the  duty  of  the  governor  to  issue  his  proclamation,  appointing  a  day  to  hold  a  special 
election  to  fill  such  vacancy. 

Laws  1849,  72.  12  Feb.  §  5.  P.  526.  S.  474.  4:©.  Vacancies —  Supreme  and  Cir¬ 

cuit  Judges.]  In  case  of  any  vacancy  in  the  office  of  judge  of  the  supreme  or  circuit 
courts  of  this  state,  within  one  year  of  the  time  fixed  by  this  act  for  an  election  of  such 
judge,  it  shall  be  the  duty  of  the  governor  to  appoint  a  judge  to  fill  such  vacancy,  who 
shall  hold  his  office  till  the  time  fixed  by  this  act  for  the  election  of  judges  for  such  court ; 
but  if  any  vacancy  shall  occur  more  than  one  year  previous  to  the  time  fixed  by  this  act 
for  the  election  of  such  judge,  it  shall  be  the  duty  of  the  governor  to  issue  writs  of  elec¬ 
tion  to  the  several  counties  that  may  be  entitled  by  law  to  vote  for  such  judge,  fixing  the 
time  for  the  holding  of  said  election,  and  requiring  said  sheriffs  to  give  20  clays’ notice  of 
the  time  and  place  of  holding  said  elections  ;  which  elections  shall  be  conducted  in  the  same 
manner  as  if  the  election  of  such  judge  had  taken  place  at  the  regular  time  fixed  by  law. 

Ibid.  §  7.  4 7.  Vacancies  —  Circuit  Clerk  —  Supreme  Clerk —  State’s  Attor¬ 
ney —  Auditor  —  Treasurer  —  Secretary  of  State.]  In  case  of  a  vacancy  in  the 
office  of  clerk  of  the  circuit  court,  it  shall  be  the  duty  of  the  judge  of  said  court  to  ap¬ 
point  a  clerk,  who  shall  hold  his  office  until  the  next  regular  election  for  county  officers, 
or  members  of  the  general  assembly,  whichever  may  first  happen,  at  which  election  such 
vacancy  shall  be  filled ;  and  in  case  of  a  vacancy  in  the  office  of  clerk  in  the  supreme 
court  in  either  of  the  grand  divisions,  the  judges  of  the  supreme  court  shall  appoint  a  clerk, 
who  shall  hold  his  office  until  the  time  fixed  by  the  constitution  for  the  election  of  such 
clerk  ;  and  in  case  of  a  vacancy  in  the  office  of  state’s  attorney,  the  governor  shall  appoint 
a  state’s  attorney  to  fill  such  vacancy,  who  shall  hold  his  office  until  the  time  fixed  by  the 
constitution  for  the  election  of  state’s  attorneys  ;  and  in  case  of  a  vacancy  in  either  of  the 
offices  of  auditor,  treasurer  or  secretary  of  state,  the  governor  shall  fill  any  such  vacancy 
until  the  time  fixed  by  the  constitution  /or  an  election  to  fill  such  vacancy. 

R.  S.  §  37,  221.  P.  523.  S.  471.  48.  Penalties.]  If  any  judge  of  the  election,  or 

clerk,  or  any  other  officer  or  person  in  any  manner  concerned  in  conducting  the  election, 
shall  wilfully  neglect,  improperly  delay  or  refuse  to  perform  any  of  the  duties  required  by 
this  chapter,  after  having  undertaken  to  perform  such  duties,  he  shall  forfeit  and  pay  to 
the  state  the  sum  of  $40. ;  and  if  any  such  judge  of  the  election,  clerk,  or  other  officer 
or  person,  in  anywise  concerned  in  conducting  the  election,  shall  knowingly  admit  any 
person  to  vote,  not  qualified  according  to  law,  or  shall  knowingly  receive  and  count 
more  than  one  vote  from  one  person,  at  the  same  election  for  one  office,  or  shall  be  guilty 
of  fraud,  corruption  or  partiality,  or  manifest  misbehavior,  in  any  matter  or  thing  relating 
to  said  election,  each  and  every  person  so  offending  shall  forfeit  and  pay  to  the  county, 
the  sum  of  $100.,  to  be  recovered  in  any  court  of  record  in  the  state,  in  the  name  of  the 
state  for  the  use  of  the  county,  in  an  action  of  debt,  with  costs  of  suit,  or  at  the  suit  of  any 
pel  son  who  may  sue  for  the  same,  one  half  for  the  use  of  the  person  suing,  and  the  other 


Repealed :  See  ELECTIONS  §  239. 


Chap.  37.  §§  49—55.  251 

Penalties  against  Judges  ■ 


Attachments. 


Elections. 


half  for  the  use  of  the  county  ;  and  every  such  person,  so  offending  as  aforesaid,  shall 
moreover,  on  conviction,  be  rendered  incapable  of  holding  any  office  within  this  state  for 
the  term  of  10  years  thereafter. 

Ibid.  §  38.  49.  Against  Judges.]  Nothing  in  this  chapter  shall  be  so  construed  as 

to  prevent  the  judges  of  election  from  refusing  to  receive  the  vote  of  any  person  when  it 
shall  be  proved,  to  the  satisfaction  of  a  majority  of  them,  that  in  taking  the  said  oath  he 
shall  have  sworn  falsely.  And  if  any  judge  of  election  shall  order  to  be  received  the 
vote  of  any  person,  who,  being  challenged,  shall  not  take  the  oath  or  affirmation  prescribed 
by  law,  such  judge  of  election,  so  offending,  shall  forfeit  and  pay  the  sum  of  $50.,  to  be 
recovered  by  action  of  debt,  in  the  name  of  the  state,  or  of  any  person  suing  therefor,  the 
one-half  of  said  fine  for  the  use  of  the  county,  and  the  other  half  for  the  use  of  the  person 
suing.  —  [Consult  also  §  24. 

§  39.  Judges  of  election  refusing  to  receive  a  vote;  repealed  by  act  12  Feb.  1849 ;  Laws  1849,  75  §  21 , 
Purple  520  ;  Scates  478. 

R.  S.  §  40,  222.  P.  523.  S.  471.  59.  Against  Clerks.]  If  the  clerk  of  the  county 

commissioners'  court  shall  neglect  or  refuse  to  perform  the  duties,  as  pointed  out  in  this 
chapter,  he  shall  be  liable  to  be  indicted,  and  on  conviction,  shall  be  fined  in  a  sum  not 
exceeding  $500.,  and  imprisoned  not  exceeding  30  days,  and  may  be  sued  in  an  action 
of  trespass  on  the  case,  for  damages,  not  exceeding  $500.,  by  the  person  injured  by  reason 
of  the  neglect  or  refusal  of  such  clerk. 

Ibid.  §  41.  51.  Poll-Book  Injured,  Removed  or  Destroyed.]  If  any  person 

shall  mutilate  or  erase  any  name  or  figure,  or  word,  in  a  poll-book  taken  or  kept  at  any 
election,  or  if  any  person  shall  take  away  such  poll -book  from  the  place  where  it  has  been 
deposited  for  safe  keeping,  with  an  intention  of  destroying  the  same,  or  to  procure  or  pre¬ 
vent  the  election  of  any  person,  or  if  any  person  shall  destroy  any  poll-book  so  taken  and 
kept  at  any  election,  he  or  she  shall  be  liable  to  be  indicted,  and  on  conviction,  shall  be 
fined  $500.,  and  imprisoned  not  exceeding  60  days  in  the  county  jail. 

R.  S.  §  42,  222.  P.  524.  S.  472.  53.  Contested  Election  —  Notice.]  When 

any  candidate  shall  desire  to  contest  the  validity  of  any  election,  or  the  right  of  any  per¬ 
son,  declared  duly  elected,  to  hold  the  office  to  which  such  candidate  claims  the  right,  such 
candidate  shall  give  notice  of  his  intention,  in  writing,  to  the  person  whose  election  he 
intends  to  contest,  or  leave  a  notice  thereof  at  his  usual  place  of  residence,  within  30  days 
after  the  day  of  election,  expressing  the  points  on  which  the  same  will  be  contested,  the 
name  of  one  of  the  justices  of  the  peace  who  will  attend  at  the  taking  of  the  depositions, 
the  place  where,  and  the  time  when,  the  said  depositions  will  be  taken ;  which  time,  so 
fixed  upon  for  the  taking  of  the  depositions,  shall  not  exceed  60  days  from  the  day  of 
election. 

Ibid.  §  43.  5X  Trial  by  Three  Justices.]  The  party  whose  election  is  contested, 
may  select  another  justice  of  the  peace  to  attend  at  the  trial.  Should  the  party,  whose 
election  is  contested,  refuse  or  neglect  to  select  a  justice,  as  aforesaid,  the  justice  chosen  by 
the  person  contesting  the  election,  as  aforesaid,  shall  make  such  selection  for  him.  The  two 
justices,  so  selected  or  chosen,  shall  make  choice  of  a  third  justice;  and  if  they  cannot 
agree  upon  a  third  justice  to  act  with  them,  they  shall  make  such. selection  by  lot;  and 
the  three  justices,  thus  selected,  or  either  of  them,  shall  have  power,  and  they  are  hereby 
authorized  and  required,  to  issue  subpenas  and  such  other  process  as  may  be  necessary  to 
secure  the  attendance  at  such  trial  of  all  persons  whose  testimony  may  be  required  by 
either  party,  in  the  same  manner  as  is  provided  in  other  cases  of  proceedings  before  jus 
tices  of  the  peace. 

Ibid  §  44.  54.  Subpenas.]  The  said  justices,  or  any  one  of  them,  shall,  in  all  such 

cases,  have  power  to  issue  subpenas  for  witnesses  to  any  county  in  this  state,  directed  to 
the  sheriff  of  such  county,  who  shall  make  service  and  return  as  in  other  cases.  And  any 
witness,  duly  subpenaed,  refusing  or  neglecting  to  appear  and  testify,  shall,  in'  addition  to 
the  penalties  otherwise  imposed  by  law,  forfeit  and  pay  a  fine  of  $50.,  to  be  recovered  by 
action  of  debt,  in  any  court  having  cognizance  thereof,  one-half  to  the  county,  and  one- 
half  to  the  person  suing  for  the  same. 

Ibid.  §  45.  55.  Attachments.]  The  said  justices,  or  any  one  of  them,  may  issue  at¬ 

tachments  for  witnesses  so  neglecting  or  refusing  to  attend,  who  may  be  brought  before 
them  ;  and  at  any  time  before  the  day  for  the  decision  of  the  question  between  the  contest* 


Repealed :  See  EJECTIONS  §  239 


Elections. 


Chap.  37.  §§  56—62.  252 


Penalty  against  Justice  -  -  -  Contesting  Elections. 


ing  parties,  the  said  justices  shall,  at  the  request  of  either,  after  giving  notice  to  the  other 
party  of  five  days,  if  resident  in  their  county,  or  10  days,  if  residing  out  of  their  county, 
proceed  to  take  the  testimony  of  such  witnesses,  to  be  used  in  the  case. 

Ibid.  §  46.  Penalty  against  Justice.]  If  any  justice  of  the  peace,  selected  as 

aforesaid  to  attend  at  the  taking  of  the  depositions,  shall,  without  reasonable  excuse,  fail 
or  refuse  to  attend  at  the  time  and  place  appointed,  after  having  undertaken  to  attend,  he 
shall  forfeit  and  pay  a  fine  of  $50.,  to  be  recovered  by  action  of  debt,  in  any  court  having 
cognizance  thereof,  one-half  to  the  county,  and  the  other  half  to  the  person  who  will  sue 
for  the  same. 


Ibid.  §  47.  *>7.  Testimony  Taken.]  The  said  justices  shall  hear  and  examine  all 

the  evidence  offered  on  either  side.  If  the  contest  be  respecting  any  county  office,  they 
shall  decide  which  of  the  said  candidates  shall  have  been  duly  elected,  and  certify  the 
same  to  the  clerk  of  the  county  commissioners’  court  of  the  proper  county,  who  shall  there¬ 
upon  make  out  and  deliver  to  the  successful  party  a  certificate  of  his  election.  If  such 
contest  be  respecting  a  seat  in  the  senate  or  house  of  representatives  of  this  state,  the 
said  justices  shall  hear  and  reduce  to  writing  all  the  testimony  taken  in  the  case,  and  cer¬ 
tify  and  transmit  the  same,  under  seal,  together  with  all  other  papers  and  documents  per¬ 
taining  to  the  case,  to  the  speaker  of  the  senate  or  house  of  representatives,  as  the  case 
may  be. 

Ibid.  §  48.  ^8.  Points  —  Clerk  —  Order.]  No  testimony  shall  be  heard  by  the 

said  justices,  on  the  part  of  the  person  contesting  the  election,  which  does  not  relate  to 
the  points  specified  in  the  notice.  Such  justices  shall  have  power  to  appoint  a  clerk,  and 
may  adjourn  from  day  to  day  until  their  duties  shall  be  completed.  They  shall  have  the 
same  power  to  preserve  order,  and  to  punish  disorders  and  contempts,  as  justices  of  the 
peace  may  exercise,  when  holding  court. 

R.  S.  §  49,  224.  P.  525.  S.  473.  Judgment.]  In  all  contests  for  county  offices, 

in  which  the  justices  hearing  the  case  are  authorized  to  decide,  they  shall  enter  judgment 
on  the  docket  of  the  justice  last  chosen,  for  all  the  costs  of  such  contest,  against  the  un¬ 
successful  party,  upon  which  execution  may  issue  as  in  other  cases.  Either  party  may 
appeal  from  the  decision  of  such  justices  to  the  circuit  court  as  in  other  cases  of  appeal 
from  the  judgment  of  a  justice  of  the  peace,  the  decision  of  which  court  shall  be  final. 

Ibid.  §  50.  60.  Testimony  Taken  and  Transmitted.]  In  all  contests  other  than 

for  county  offices,  the  proceedings  for  taking  testimony  hereinbefore  provided,  may  be  had 
in  each  county  in  which  it  is  necessary  to  take  testimony,  and  the  like  returns  shall  In 
each  case  be  made.  In  those  cases  in  which  the  justices  examining  do  not  decide  the 
contest,  they  shall  not  be  compelled  to  certify  or  transmit  the  testimony  and  documents 
pertaining  to  the  case,  until  the  reasonable  costs  of  the  examination  and  of  certifying  the 
same  are  tendered  or  paid ;  and  the  party  who  is  finally  unsuccessful  shall  be  liable  for 
such  costs,  to  the  person  who  shall  have  paid  the  same.  But  if  neither  party  shall  require 
or  cause  such  testimony  and  documents  to  be  transmitted,  then  judgment  may  be  entered 
and  execution  had  as  before  provided,  against  the  party  at  whose  instance  such  examina¬ 
tion  was  instituted. 

Laws  1849,  72.  12  Feb.  §  6.  P.  526.  S.  474.  61.  Judge  —  Contesting.]  In  case  the 

right  of  any  person  claiming  to  be  elected  a  judge  of  the  supreme  or  circuit  court  shall 
be  contested,  the  contest  shall  be  conducted  and  the  evidence  taken  in  the  same  manner 
now  provided  by  law  for  contesting  the  election  of  members  of  the  general  assembly,  and 
the  evidence  when  taken,  if  it  relate  to  the  election  of  a  judge  of  the  supreme  court,  it 
hall  be  transmitted  to  the  speaker  of  the  senate  ;  and  if  it  relate  to  a  judge  of  the  cir¬ 
cuit  court  it  shall  be  transmitted  to  the  clerk  of  the  supreme  court  of  the  grand  division 
in  which  a  sitting  of  the  supreme  court  is  first  directed  to  be  held  after  such  contest  shall 
have  commenced. 

Ibid.  §  8.  6^.  State’s  Attorney — Clerk — Contesting.]  The  election  of 

state’s  attorneys  and  clerks  of  the  supreme  court  may  be  contested  in  the  same  manner 
as  is  provided  for  contesting  the  rights  of  judges  of  the  circuit  courts  ;  and  the  election 
of  clerks  of  the  circuit  courts  may  be  contested  in  the  manner  provided  for  contesting 
the  election  of  county  officers:  Provided ,  any  person  whose  election  is  proposed  to  be  con¬ 
tested  shall  be  released  from  cost  of  such  contested  election  by  refusing  to  receive  a  cer* 
Uficate  of  the  clerk  of  the  county  court  of  his  election. 


Repealed :  See  ERECTIONS  §  239. 


Elections, 


Chap.  37.  §§  63—70.  253 

_  * 

By  General  Assembly  -  -  Bal/ot-Bnxes. 

R.  S.  §  51,  224.  P.  525.  S.  473.  63.  Elections  By  the  General  Assembly.] 

Tn  all  elections  by  the  general  assembly,  or  by  either  house  thereof,  (elections  of  justices 
of  the  supreme  court,  and  judges  of  inferior  courts  excepted,)  the  members  shall  vote 
viva  voce,  and  their  votes  shall  be  entered  upon  the  journals.  Elections  by  joint  vote  of 
the  two  houses  shall  be  made  in  the  hall  of  the  house  of  representatives,  at  such  time  as 
shall  have  been  previously  appointed  by  joint  resolution  of  the  two  houses;  and  at  all  such 
joint  meetings,  the  speaker  of  the  house  of  representatives  shall  preside.  *  *  No  per¬ 

son  shall  be  declared  duly  elected  by  the  general  assembly,  or  either  branch  thereof,  until 
he  shall  have  received  a  majority  of  all  the  votes 'given,  blank  votes  included.  —  [Under 
the  constitution  of  1848,  no  officers  are  elected  by  the  general  assembly,  except  senators  of  the  United 
States,  and  the  manner  of  their  election  is  fixed  by  act  of  Congress,  25  July,  1866  ;  14  Stnf.  243. 

Ibid.  §  52.  64:.  Betting  on  Elections.]  If  any  person  shall,  at  any  time  hereafter, 

bet  or  wager  any  money,  property  or  other  valuable  thing,  upon  the  result  of  any  election 
which  may  be  held  under  the  constitution  or  laws  of  this  state,  or  shall  bet  or  wager 
money,  property  or  other  valuable  thing,  upon  the  number  of  votes  which  may  be  given 
to  any  one  or  more  persons,  at  any  election  held  as  aforesaid,  or  upon  who  will  receive 
the  greatest  number  of  votes  at  any  such  election  ;  or  if  any  person  shall  agree  to  pay  to 
J  any  other  person,  any  money,  property  or  other  valuable  thing,  in  the  event  that  any  elec¬ 
tion  as  aforesaid  shall  result  in  one  way,  or  in  the  event  that  any  one  or  more  persons 
shall  or  shall  not  be  elected,  or  shall  receive  a  greater  number  of  votes  than  others,  such 
person  shall  be  liable  to  indictment,  and,  upon  conviction  thereof,  shall  be  fined,  in  any 
sum  not  exceeding  $1,000. 

Ibid.  §  53.  65.]  It  shall  not  be  necessary  to  the  commission  of  the  offense  specified 

in  the  foregoing  section,  that  the  money,  property,  or  valuable  thing,  bet  or  wagered,  shall 
be  exhibited  or  staked  at  the  time  of  making  such  bet  or  wager,  or  at  any  other  time. 

Laws  1849,  71.  12  Feb.  §  3.  P.  527.  S.  474.  66.  Election  of  Supreme  Judges.] 

An  election  shall  be  held  in  this  state  on  the  first  Monday  in  June,  1852,  and  every  9th 
year  thereafter,  for  one  judge  of  the  supreme  court  from  the  first  grand  di  vision  ;  on  the 
first  Monday  of  June,  1855,  and  every  9th  year  thereafter,  for  one  judge  of  the  supreme 
court  from  the  third  grand  division,  and  on  the  first  Monday  of  June.,  1858,  and  every  9th 
year  thereafter,  for  one  judge  of  the  supreme  court  from  the  second  grand  division  ;  and 
the  present  judges  of  the  supreme  court  shall  respectively  hold  their  offices  till  the  time 
fixed  by  this  section  for  an  election  of  a  judge  from  the  division  for  which  such  judge  may 
have  been  elected. 

Ibid.  §  4.  67.  Circuit  Judges.]  On  the  first  Monday  of  June,  1855,  and  every  6th 

year  thereafter,  an  election  shall  be  held  in  each  judicial  circuit  for  the  election  of  a  judge 
for  such  circuit :  Provided,  that  whenever  an  additional  judicial  circuit  shall  be  created, 
the  first  election  of  a  judge  for  such  circuit  shall  be  held  at  such  time  as  the  law  creating 
such  circuit  shall  direct,  but  whose  term  of  office  shall  expire  at  the  time  fixed  for  the 
next  regular  election  of  judges  for  the  judicial  circuits  of  this  state. 

Ibid.  §  9.  68.  Canvassing  Returns.]  Returns  of  the  election  of  judges  of  the. supreme 

court  and  circuit  courts,  secretary  of  state,  auditor,  treasurer,  state’s  attorneys  and  clerks 
of  the  supreme  court  shall  be  made  and  canvassed  a?  is  now  provided  by  law  for  represent¬ 
atives  in  congress.  Returns  for  clerks  of  the  circuit  court  shall  be  made  and  canvassed 
as  is  now  provided  for  other  county  officers. 

Ibid.  §  11.  60.  Blank  Poll  Books.]  The  county  court,  or  the  board  doing  county 

business  in  each  of  the  several  counties  in  this  state,  at  their  first  meeting  in  each  and 
every  year,  shall  cause  a  suitable  number  of  blank  forms  of  poll  books  and  election  re¬ 
turns  to  be  made  out,  (headed  and  certified  as  the  nature  of  the  case  may  be.)  for  each 
board  of  elections,  in  each  precinct,  township  or  place  ;  which  they  shall  cause  to  be  de¬ 
livered  into  the  hands  of  the  sheriffs  respectively  of  said  counties,  whose  duty  it  shall  be 
to  deliver  them  to  the  judges,  or  boards  of  election,  at  least  10  days  previous  to  the  elec¬ 
tion  then  to  be  held. 

Ibid.  §  14.  70.  Ballot-Boxes  Provided.]  The  county  court  or  board  doing  busi 

ness  shall  provide  a  sufficient  number  of  ballot-boxes  at  the  expense  of  the  county,  for 
the  several  boards  or  judges  of  election,  to  be  kept  by  one  of  the  judges  or  board,  and  to 
be  delivered  over  to  the  successors  of  such  judges  or  board,  each  of  which  said  ballot- 
boxes  shall  be  furnished  with  a  sufficient  lock  and  key,  and  before  any  ballot  shall  have 
been  deposited  therein  the  same  shall  be  publicly  opened  and  exhibited,  to  the  end  that 


Repealed  :  See  ERECTIONS  §  ‘239. 


254 


Elections. 


Chap.  37.  §§  71 — 75. 


Poll  Books  -  -  -  Penalties  against  Judges. 

the  judges  and  clerks  assisting  at  every  election  may  see  that  no  ballot  is  in  said  box , 
after  which,  the  same  shall  be  locked  and  the  key  delivered .  over  to  one  of  the  judges  or 
board  of  election,  and  shall  not  be  opened  during  the  said  election,  except  in  the  man¬ 
ner  and  for  the  purpose  herein  provided.  An  opening  shall  be  made  at  the  top  or  lid 
of  each  of  such  ballot-boxes,  not  larger  than  shall  be  sufficient  to  admit  of  a  single  closed 
ballot  to  be  inserted  therein  at  one  time,  through  which  each  ballot  received  shall  be  in¬ 
serted. 

Ibid.  §  16.  71.  Manner  of  Keeping  Poll  Books.]  Each  clerk  of  the  election 

shall  keep  a  poll  list,  which  shall  contain  one  column,  headed  “  names  of  voters.”  The 
name  of  each  elector  voting  shall  be  entered  by  each  clerk  in  regular  succession  under 
the  said  heading  in  his  poll  list.  At  each  adjournment  of  the  polls,  and  upon  the  final 
closing  of  the  same,  the  clerks  shall,  in  the  presence  of  the  judges  or  board  of  election, 
compare  their  respective  poll  lists,  and  correct  all  mistakes  that  may  be  discovered  accord¬ 
ing  to  the  decisions  of  the  judges  or  board  of  election,  until  such  poll  lists  shall  be  made 
to  correspond  in  all  respects  ;  the  ballot-box  shall  then  be  opened  and  the  said  poll  lists 
placed  therein;  the  box  shall  then  again  be  locked,  and  the  seal  of  one  or  more  of  the 
judges  shall  be  so  placed  thereon  as  entirely  to  cover  the  opening  in  the  lid  or  top  of  said 
box ;  the  key  of  said  box  shall  then  be  delivered  to  one  of  the  judges  or  board  of  elec¬ 
tion,  and  the  box  to  another  ;  the  judge  having  the  key  shall  keep  the  same  in  his  own 
possession,  and  deliver  it  again  to  the  board  at  the  next  opening  of  the  poll ;  the  judge 
having  the  box  shall  carefully  keep  it,  without  opening  it  or  permitting  it  to  be  opened,  or 
the  seal  thereof  to  be  broken  or  removed,  and  shall  publicly  deliver  it  in  that  condition  to 
the  board  at  the  next  opening  of  the  polls. —  [Adjournments  prohibited  by  §  19. 

Laws  1861,  267.  21  Feb.  §  1.  JLaws  1865,  58.  15  Feb.  §  15.  73.  Thirty  Days’ 

Residence.]  To  constitute  residence,  under  the  election  laws  of  this  state,  a  person  shall 
have  resided  in  the  election  precinct  or  district  for  the  term  of  30  days  ;  and  no  person 
shall  be  entitled  to  vote  at  any  election  under  the  laws  of  this  state,  excepting  under 
charters  for  cities  or  incorporated  towns,  unless  he  shall  have  actually,  and  in  good  faith, 
resided  in  the  election  precinct  or  district  in  which  he  offers  his  vote,  for  30  days  immedi- 
lately  preceding  such  election,  any  law  of  this  state  to  the  contrary  notwithstanding. 

Ibid.  §  2.  73.]  Any  person  violating  the  provisions  of  this  act  shall  be  subject  to  all 

|  the  fines,  penalties  and  punishments  that  are  now  provided  by  law  for  illegal  voting. 

Laws  1861,  267.  22  Feb.  §  1.  Laws  1865,  58.  15  Feb.  §  15.  7dL  Residence  — 
|  Challenge  —  Oath  —  Witnesses.]  To  constitute  residence,  under  the  constitution  and 

I  election  laws  of  this  state,  a  permanent  abode  is  necessary  ;  and  [at]  all  elections,  general 
or  special,  held  in  any  town,  city,  district  or  ward,  every  person  offering  to  vote,  who  is 
not  personally  known  to  the  judges  and  inspectors  of  election  to  have  such  permanent 
abode,  and  to  have  resided  in  such  election  district  for  the  space  of  30  days  immediately 
preceding  such  election,  shall,  if  his  vote  be  challenged,  take  the  oath  now  required  by 
law,  and,  in  addition  thereto,  swear  or  affirm  to  his  place  of  residence,  specifying  the  par¬ 
ticular  place  and  house  in  which  he  resides,  and  stating  how  long  he  has  there  resided, 
and  his  business  or  employment ;  and  if  he  has  not  resided  in  such  house  for  30  days  im¬ 
mediately  preceding  such  election,  he  shall  state  where  and  in  what  house  he  has  resided 
for  ihe  last  30  days ;  and,  in  addition  thereto,  such  voter,  so  challenged,  shall  be  required 
to  produce  two  witnesses,  both  of  whom  are  personally  known  to  said  judges  of  said  elec¬ 
tion,  and  resident  in  the  precinct,  district  or  ward,  or  shall  be  proved  by  some  legal  voter 
or  voters  of  the  precinct  or  district  in  which  such  vote  is  offered,  to  be  voted  [voters] 
therein,  who  shall  be  known  to  said  judges,  and  each  of  whom  shall  take  the  following 
oath,  to  be  administered  by  one  of  the  judges  of  said  election  : 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I  am  a  resident  of  this  election  district,  and  en¬ 
titled  to  vote  at  this  election,  and  that  I  have  been  a  resident  of  this  election  district  for  one  year  last  past, 
and  that  I  am  well  acquainted  with  the  voter  whose  vote  is  now  offered  ;  that  he  is  an  actual  and  bona  tide 
resident  of  this  election  district,  and  that  he  has  resided  in  this  state  for  one  year  last  past. 

Laws  1861,  268.  22  Feb.  §  2.  7£&.  Penalties  Against  Judges.]  If  any  judge  of 

any  election  shall  permit  any  voter  to  vote,  whose  vote  is  so  challenged,  without  the  proof 
required  in  §  1  of  this  act,  or  shall  knowingly  and  wilfully  permit  any  person  to  testify  as 
a  witness,  contrary  to  the  provisions  of  this  act,  he  shall  be  deemed  guilty  of  [a]  high 
misdemeanor,  and,  on  conviction  thereof,  shall  be  fined  in  the  sum  of  $1,000.,  and  impris¬ 
oned  in  the  county  jail  for  six  months. 


Repealed  s  See  ERECTIONS  §  ‘239 


Chap.  37. 


255 


Elections 


* 


§§  76—80. 

..  Perjury  -  -  -  Register  of  Electors. 

Ibid.  §  3.  7G.  P  erjury.]  If  any  witness  or  voter,  whose  vote  is  so  challe  lged  and 

sworn  under  the  provisions  of  this  act,  shall  knowingly,  wilfully  and  corruptly  swear  falsely, 
he  shall  be  deemed  guilty  of  perjury,  and,  on  conviction  thereof,  imprisoned  in  the  peni¬ 
tentiary  for  any  time  not  less  than  three  nor  more  than  21  years. 

Ibid.  §  8.  77.  All  Elections  Included.]  The  provisions  of  this  act  shall  apply 

to  all  general  and  special  elections  hereafter  held  in  this  state,  whether  for  general,  town, 
municipal  or  other  officers  ;  and  no  person  shall  be  considered,  under  any  circumstances, 
as  having  a  residence  in  any  ward  or  election  district  or  precinct,  unless  he  shall  have 
nad  a  permanent  abode  therein  for  at  least  30  days  immediately  preceding  such  elec¬ 
tion. 

Ibid.  §  9.  78.  Liquor.]  No  liquor  or  other  intoxicating  drinks  shall  be  sold  or  given 

away,  at  retail,  nor  shall  any  bar-room  or  place  where  liquor  or  intoxicating  drinks  are 
sold  at  retail  be  open  upon  such  election  day ;  and  it  shall  be  the  duty  of  the  sheriff,  con¬ 
stables,  public  officers  and  magistrates  to  see  that  the  provisions  of  this  section  are  en¬ 
forced  ;  and  any  violation  of  its  provisions  shall  be  prosecuted  and  punished  in  the  same 
manner,  and  to  the  same  extent,  as  the  keeping  of  tippling  houses  open  upon  Sunday,  or 
the  first  day  of  the  week,  is  now  punished  by  law. 

Laics  1865,  54.  15  Feb.  §  1.  7f>.  Board  of  Registry  —  First  Meeting.]  The 

persons  authorized  by  law,  or  appointed  pursuant  to  any  town  or  city  ordinance,  to  act  as 
judges  or  inspectors  of  elections  in  any  town,  city,  or  ward,  or  other  election  district  or 
precinct,  in  this  state,  (except  the  moderator  of  the  town  meeting,  in  towns  adopting  town¬ 
ship  organization,)  shall  constitute  a  Board  of  registry  for  their  respective  towns,  cities, 
wards,  districts  or  precincts,  and  shall  meet  on  Tuesday,  three  weeks  preceding  any  state, 
county,  city,  or  town  election,  (except  town  meetings  in  towns  adcfpting  the  township  or¬ 
ganization  law,)  at  nine  o’clock  a.  m.,  and  proceed  to  make  a  list  as  hereinafter  prescribed, 
of  all  persons  qualified  and  entitled  to  vote  at  the  ensuing  election,  in  the  election  district 
of  which  they  are  judges  or  inspectors;  which  list,  when  completed,  shall  constitute  and 
be  known  as  the  Register  of  Electors  of  said  election  district;  and  said  board  may  con¬ 
tinue  their  session,  for  the  purpose  of  making  said  list,  two  days,  if  necessary:  Provided , 
that  at  the  last  election  in  said  district,  prior  to  said  meeting,  the  number  of  votes  cast  in 
said  district  exceeded  200. 

Ibid.  §  2.  80.  Register  of  Electors.]  Said  registers  shall  each  contain  a  list  of 

the  persons  so  qualified  and  entitled  to  vote  in  said  election  district,  alphabetically  ar¬ 
ranged,  according  to  their  respective  surnames,  so  as  to  show,  in  one  column,  the  name 
at  full  length,  and  in  another  column,  in  cities,  the  residence,  by  the  number  of  the  dwell¬ 
ing  if  there  be  a  number,  and  the  name  of  the  street  or  other  location  of  the  dwelling 
place  of  each  person.  It  shall  be  the  duty  of  said  board  to  enter  in  said  lists  the  names 
of  all  persons,  residing  in  their  election  district,  whose  name  appears  on  the  poll  list  kept 
in  said  district  at  the  last  preceding  election  ;  in  cities  the  number  of  the  dwelling  and 
name  of  the  street  or  other  location,  if  the  same  shall  be  known  to,  or  can  be  ascertained 
by  such  board  ;  and  for  this  purpose,  said  board  are  authorized  to  take  from  the  office  in 
which  they  are  filed,  the  poll  lists  made  and  filed  by  the  judges  or  inspectors  of  such  dis¬ 
trict,  at  the  election  held  next  prior  to  the  making  of  such  register.  In  making  said  list, 
the  board  shall  enter  thereon,  in  addition  to  the  names  on  the  poll  list,  the  names  of  all 
other  persons  who  are  well  known  to  them  to  be  electors  in  said  district ;  and  the  names 
of  all  persons  on  the  poll  list  who  have  died  or  removed  from  the  district  shall  be  omitted 
from  said  register. 

Four  Copies  Made,]  The  said  board  shall  complete,  as  far  as  practicable,  the  said 
register  on  the  day  of  their  meeting,  aforesaid,  and  shall  make  four  copies  thereof,  and 
certify  the  register  and  each  of  the  copies  to  be  a  true  list  of  the  voters  in  their  district, 
so  far  as  the  same  are  known  to  them.  Within  two  days  thereafter,  the  said  original  list, 
together  with  the  list  taken  from  the  office,  as  aforesaid,  shall  be  filed  by  said  board  in  the 
office  of  the  town  clerk  of  the  town  in  which  said  election  district  may  be  ;  but  in  counties 
not  adopting  township  organization  said  list  shall  be  filed  with  the  judges  or  inspectors  of 
election  of  the  proper  district,  or  if  such  election  district  is  in  a  city,  then  it  shall  be  filed 
in  the  office  of  the  city  clerk  of  said  city  ;  and  one  copy  of  said  list  shall  be  kept  by  each 
of  said  judges  or  inspectors,  and  carefully  preserved  by  him  for  their  use  on  the  day  or 
days  hereinafter  mentioned,*  for  the  revision  and  correction  of  the  same. 


256 


Elections. 


Chap  37.  §§81—85. 

Register  of  Electors  -  -  -  Completed  Lists. 

One  Copy  Posted  or  Published.]  One  copy  of  said  list  shall,  immediately  after 
its  completion  be  posted  in  some  conspicuous  place  where  the  last  preceding  election  in 
said  district  was  held,  and  be  accessible  to  any  elector  who  may  desire  to  examine  the 
same  or  make  copies  thereof.  Any  person  who  shall  take  down,  tear  down  or  deface  any 
list,  so  posted,  shall  be  deemed  guilty  of  misdemeanor,  and  shall  be  punished  bv  a  fine  of 
$50.,  or  by  imprisonment  in  the  county  jail,  for  the  term  of  60  days,  or  by  both  fine  and 
imprisonment.  The  board  may,  in  their  discretion,  cause  printed  copies  of  said  list,  to  be 
posted  up  in  such  places  as  they  may  direct,  and  may  cause  the  same  to  be  published  in 
some  newspaper  in  the  county  in  which  such  district  is  situated,  at  an  expense  not  exceed- 
inof  one  cent  for  each  name  on  said  list. 

Ibid.  §  3.  81.  In  New  Districts.]  In  case  a  new  election  district  shall  be  formed 

by  the  organization  of  a  new  town,  or  by  the  division  of  any  town  or  ward,  or  the  incor¬ 
poration  of  a  city  or  town,  the  judges  or  inspectors  of  the  election  in  the  new  district  thus 
formed,  may  make  their  registry  of  electors  on  the  day  prescribed  by  this  act,  in  such 
manner  as  a  majority  of  them  may  direct,  and  for  that  purpose  may  make  a  list,  or  cause 
to  be  made,  a  certified  copy  of  the  poll  list  or  lists  of  the  districts  in  which  such  new  dis¬ 
trict  is  situated,  or  they  may  dispense  with  such  list  or  lists,  and  proceed  to  make  a  regis¬ 
ter  of  electors  from  the  best  means  at  their  command.  Said  lists  shall  only  embrace  the 
names  of  such  persons  as  are  known  to  them  to  be  electors  in  their  district,  and  shall  be 
posted  up  and  copies  thereof  made,  as  prescribed  in  the  preceding  section,  and  shall  be 
corrected  in  the  same  manner  that  other  lists  are  corrected. 

Ibid.  §  4.  8£S.  Second  Meeting  of  the  Board.]  The  said  board  shall  again  meet 

on  Tuesday  of  the  week  preceding  the  said  elections,  in  their  respective  election  districts, 
at  the  place  designated  for  holding  the  polls  of  the  election,  for  the  purpose  of  revising, 
correcting,  and  completing  said  lists,  and  for  this  purpose,  in  cities,  they  shall  meet  at  8 
o’clock  in  the  morning,  and  remain  in  session  until  9  o’clock  p.  m.  of  that  day,  and  the  day 
following ;  and  in  other  districts  thev  shall  meet  at  9  o’clock  in  the  morning  and  remain 
in  session  until  4  okdock  p.  m.  of  that  day. 

Ibid.  §  5.  83.  Corrections  and  Additions.]  The  proceedings  of  said  board  shall 

be  open,  and  all  persons  residing  and  entitled  to  vote  in  said  district,  shall  be  entitled  to 
be  heard  by  said  board  in  relation  to  corrections  or  additions  to  said  register.  One  of  the 
lists  so  kept  by  the  judges  or  inspectors,  as  aforesaid,  shall  be  used  by  them,  on  the  day 
or  days  of  making  corrections  or  additions,  for  the  purpose  of  completing  the  registry  for 
such  district. 

Ibid.  §  6.  84:.  Proof  to  be  Made.]  It  shall  be  the  duty  of  said  board,  at  their 

meeting  for  revising  and  correcting  said  lists,  to  erase  therefrom  the  name  of  any  person 
inserted  therein,  who  shall  be  proved  by  the  oath  of  two  legal  voters  of  said  district,  to 
the  satisfaction  of  said  board,  to  be  non-resident  of  said  district,  or  otherwise  not  entitled 
to  vote,  in  said  district,  at  the  election  then  next  to  be  held.  Any  elector  residing  in  said 
district,  and  entitled  to  vote  therein,  may  appear  before  said  board  and  require  his  name  to 
be  recorded  on  said  alphabetical  list.  Any  person  so  requiring  his  name  to  be  so  entered  on 
said  lists,  shall  make  the  statement  as  to  the  street  and  number  thereof,  and  where  -he  re¬ 
sides,  required  by  the  provisions  of  this  act  of  persons  offering  their  votes  at  elections, 
and  shall  be  subject  to  the  same  penalties  for  refusing  to  give  such  information,  or  for 
falsely  giving  the  same,  and  shall  also  be  subject  to  challenge,  either  by  the  judges  or  in¬ 
spectors,  or  either  of  them,  or  by  any  other  elector  whose  name  appears  on  said  alphabet¬ 
ical  list;  and  the  same  oaths  may  be  administered  by  the  judges  or  inspectors  as  now 
provided  in  case  of  persons  offering  to  vote  at  an  election,  and  in  case  no  challenge  is 
made  of  any  person  requiring  his  name  to  be  entered  on  said  alphabetical  list,  or  in  case 
of  challenge,  if  such  person  shall  make  oath  that  would  entitle  him  to  vote  in  case  of 
challenge  at  an  election,  then  the  name  of  any  such  person  shall  be  added  to  the  alpha¬ 
betical  poll  list  of  the  last  preceding  year. 

Ibid.  §  7.  8*3.  Completed  Lists.]  After  said  lists  shall  have  been  fully  completed, 

the  said  board  shall,  within  three  days  thereafter,  cause  four  copies  of  the  same  to  be  made, 
each  of  which  shall  be  certified  by  them  to  be  a  correct  list  of  the  voters  of  their  district ; 
one  of  which  shall  be  filed  in  the  office  of  the  town  clerk  of  towns,  and  in  the  office  of  city 
clerks  in  cities ;  and  one  of  which  copies  shall  be  delivered  to  each  of  said  judges  or  in 
spectnrs.  It  shall  be  the  duty  of  the  said  judges  or  inspectors  so  receiving  such  lists., 
carefully  to  preserve  the  said  lists  for  their  use  on  election  day,  and  to  designate  two  of 


Chap.  37.  §§  86 — 91.  257  Elections. 

Duty  of  Clerks  -  -  -  Compensation. 

their  number,  at  the  opening  of  the  polls,  to  check  the  name  of  every  voter  voting  in 
such  district  whose  name  is  on  the  register. 

Affidavit  of  Non-Registered  Voter.]  No  vote  shall  be  received  at  any  state, 
county,  town  or  city  election  in  this  state,  except  at  town  meetings  in  towns,  adopting  the 
township  organization  law,  if  the  name  of  the  person  offering  to  vote  be  not  on  the  said 
register,  made  on  the  Tuesday  or  Wednesday  preceding  the  election,  unless  the  person 
offering  to  vote  shall  furnish  to  the  judges  of  the  election  his  affidavit,  in  writing,  stating 
therein  that  he  is  an  inhabitant  of  said  district,  and  entitled  to  vote  therein  at  such  elec¬ 
tion,  and  prove  by  the  oath  of  a  householder  and  registered  voter  of  the  district  in 
which  he  offers  his  vote,  that  he  knows  such  person  to  be  an  inhabitant  of  the  district, 
and  if,  in  any  city,  giving  the  residence  of  such  person  within  said  district.  The  oath 
may  be  administered  by  one  of  the  judges  or  inspectors  of  the  election,  at  the  poll  where 
the  vote  shall  be  offered,  or  by  any  other  person  authorized  to  administer  oaths,  but  no 
person  shall  be  authorized  to  receive  compensation  for  administering  the  oath.  Said 
oath  shall  be  preserved  and  filed  in  the  office  of  the  town  or  city  clerk,  or  in  case  there 
be  no  clerk,  then  said  oath  shall  be  filed  with  and  preserved  by  the  judges  or  inspectors 
of  the  proper  district.  Any  person  may  [be]  challenged,  and  the  same  oaths  shall  be 
put  as  now  are  or  hereafter  may  be  prescribed  by  law. 

Ibid.  §  8.  8©.  Duty  of  Clerks  at  the  Poll.]  The  clerks  at  each  poll,  in  addi¬ 

tion  to  the  duties  now  prescribed  by  law,  shall  enter  o®  the  poll  list,  kept  by  them  in 
columns  prepared  for  that  purpose,  opposite  the  name  of  each  person  voting,  the  same 
statement  or  minute  as  hereinbefore  required  of  the  board  in  making  the  registry  ;  but 
such  entry  is  not  to  be  made  by  them  if  the  registry  contains  correctly  the  name  and 
residence  of  such  voter ;  and  in  all  cases  said  clerk  shall  enter  in  a  column  opposite  the 
name  of  each  person  not  registered,  the  words  “not  registered.”  In  cities,  every  elector, 
at  the  time  of  offering  his  vote,  shall  truly  state  the  street  in  which  he  resides,  and  if  the 
house,  lodging  or  tenement  in  which  he  resides,  is  numbered,  the  number  thereof.  And 
the  clerks  of  the  polls,  in  case  the  name  of  such  elector  is  not  registered,  shall  truly  en¬ 
ter  in  the  appropriate  column  of  the  poll  list,  opposite  the  name  of  the  elector,  the  street 
in  which  the  elector  resides,  and  the  number,  in  case  the  house,  lodging  or  tenement  is  num¬ 
bered  ;  and  if  the  same  is  not  numbered,  then  the  clerk  shall  enter  “  not  numbered  ”  in  the 
column  of  the  poll  list  for  entering  the  number.  In  case  of  refusal  to  make  the  statement 
as  aforesaid,  the  vote  of  such  an  elector  shall  not  be  received.  Any  person  who  shall  wil¬ 
fully  make  any  false  statement  in  relation  thereto,  shall  be  deemed  guilty  of  misdemeanor, 
and  shall,  upon  conviction,  be  punished  with  a  fine  of  $50.,  or  by  imprisonment  in  the 
county  jail  in  the  county  for  a  period  of  10  days,  or  by. both  such  fine  and  imprison¬ 
ment. 

Ibid.  §  9.  87.  Lists  and  Register  After  the  Canvass.]  After  the  canvass  of  the 

votes,  one  of  said  poll  lists  and  said  register  so  kept  and  checked  as  aforesaid,  shall  be 
attached  together,  and  shall,  on  the  following  day,  be  filed  in  the  town  or  city  clerk’s 
office  (as  the  case  may  be,)  in  which  said  district  may  be,  or  in  case  there  be  no  such 
clerk,  then  such  poll  lists  and  register  shall  be  filed  with  and  preserved  by  the  judges  or 
inspectors,  to  be  used  bv  the  board  of  registry  in  making  the  list  of  voters  at  the  next 
election  ;  the  other  of  said  poll  lists  and  registers,  so  kept  and  checked,  (except  in  town 
and  city  elections)  shall  be  returned  to  the  office  of  the  county  clerk  of  the  county  in 
which  said  district  may  be,  at  the  same  time  the  returns  of  the  election  are  made. 

Ibid.  §  10.  88.  Clerks.]  The  said  board  may,  if  necessary,  on  the  day  or  days  of 

the  making  and  of  the  corrections  of  such  lists,  appoint  a  clerk  to  assist  them  in  the  dis¬ 
charge  of  their  duties  required  by  this  act ;  and  the  same  oath  shall  be  taken  by  such 
clerk  as  is  required  by  law  of  clerks  of  the  polls  or  of  elections. 

Ibid.  §  11.  81).]  The  registers  shall  at  all  times  be  open  to  public  inspection,  at  the 

office  of  the  authorities  in  which  they  shall  be  deposited,  without  charge. 

Ibid.  §  12.  Oi).  Compensation.]  The  members  of  the  board  of  registration  and 
their  clerks  shall  each  receive  the  same  compensation  as  is  now  allowed  by  law  for  judges 
oi*  inspectors  of  elections,  for  each  day  actually  employed  in  the  making  and  completing 
of  the  registry,  to  be  paid  to  them  at  the  time  and  in  the  manner  in  which  they  are  paid 
their  other  fees. 

Ibid.  §  13.  91.]  The  said  board  shall  have  and  exercise  the  same  power  in  preserv¬ 

ing  order  at  their  meetings,  under  this  act,  as  are  given  to  judges  or  inspectors  of  elections 

17 


258 


Elections. 


Chap.  37.  §§  92—98. 

Double  Registration  -  -  -  Criminal  Provisions  Extended. 

for  preserving  order  on  election  days  ;  and  vacancies  in  said  board  shall  be  filled  in  the 
same  manner  that  vacancies  are  now  filled  at  elections. 

Ibid.  §  14.  02.  Double  Registration,  etc.]  Any  person  who  shall  cause  his 

name  to  be  registered  in  more  than  one  election  district,  or  who  shall  cause  his  name  to 
be  registered,  knowing  that  he  is  not  a  qualified  voter  in  the  district  where  said  registry 
is  made,  or  who  shall  falsely  personate  any  registered  voter,  and  any  person  causing,  aid¬ 
ing  or  abetting  any  person,  in  any  manner,  in  either  of  said  acts,  shall  be  punished,  for 
each  and  every  offense,  by  imprisonment  in  the  state  prison  for  not  less  than  one  year. 
All  intentional  false  swearing  before  said  board  of  registration  shall  be  deemed  wilful  and 
corrupt  perjury,  and  on  conviction,  punished  as  such.  If  any  member  or  officer  of  said 
board  shall  wilfully  violate  any  of  the  provisions  of  this  act,  or  be  guilty  of  any  fraud  in 
the  execution  of  the  duties  of  his  office,  he  shall  be  punished,  for  each  and  every  offense, 
by  imprisonment  in  the  state  prison  for  not  less  than  one  year. 

Ibid.  §  18.  ©cl.  Blanks.]  The  necessary  blanks  for  making  the  registers  required 
by  law,  shall  be  prepared  by  the  secretary  of  state,  and  transmitted  to  the  persons  entitled 
to  receive  them,  in  the  same  manner  that  blank  returns  of  elections  are  now  trans¬ 
mitted. 

Ibid.  §  19.  ©4t.]  Nothing  contained  in  this  act  shall  be  construed  in  any  manner  to 

affect  the  provisions  of  any  act  that  has  been  or  may  be  passed  at  the  present  session  of 
the  general  assembly,  to  enable  the  qualified  electors  of  this  state,  absent  therefrom  in  the 
military  service  of  the  United  States,  in  the  army  or  navy  thereof,  to  vote.  —  [Act  of  IB 
Feb.  1865  ;  to  enable  tlie  electors  absent  in  the  army  or  navy  to  vote;  Laws  1865,  59. 

Laws  1867,  104.  28  Feb.  [29  Apr.]  §  1.  ©<»5.  Election  Districts.]  The  board  of 

supervisors,  in  counties  adopting  township  organization,  at  their  regular  annual  session, 
may,  at  their  discretion,  when  the  interest  and  convenience  of  the  people  require  it,  divide 
any  township  or  election  district  into  two  or  more  election  districts,  or  places  of  holding 
elections,  defining  the  .same  by  numbers,  and  by  definite  and  distinct  boundaries,  and 
determine  the  places  at  which  the  election  shall  be  held  in  such  district.  —  [See  also  Ch. 
103d  Art.  18  §  1. 

Ibid.  §  2.  ©©.  Judges  of  Election  Elected.]  *The  board  of  supervisors  shall 

provide  for  or  select  the  judges  of  election  for  the  first  election  to  be  held  after  any  such 
division  shall  have  been  made  ;  and  at  the  next  ensuing  town  meeting,  held  in  any  town 
after  such  division,  and  at  every  subsequent  annual  town  meeting,  the  electors  of  such 
town  shall  be  entitled  to  vote,  by  ballot,  on  the  same  ticket  with  the  other  town  officers, 
for  two  electors,  residing  in  each  election  district  into  which  said  town  shall  be  divided, 
to  be  judges  of  election  for  such  district ;  and  the  two  persons  in  each  district  receiving 
the  greatest  number  of  votes  shall  be  two  of  the  judges  of  election  for  such  district  at  all 
elections  to  be  held  therein  the  ensuing  year.  The  presiding  officers  of  such  town  meet¬ 
ing  shall,  immediately  after  the  votes  of  such  town  meeting  shall  be  canvassed,  appoint, 
by  writing,  subscribed  by  a  majority  of  such  presiding  officers,  another  judge  of  elections 
for  each  election  district  in  said  town,  to  be  associated  with  said  two  judges,  so  elected, 
and  who  shall,  thereupon,  be  one  of  the  judges  of  election  of  such  district.  Such  judge 
shall  be  selected  from  the  two  persons  in  such  election  district  who  shall  have  the  highest 
number  of  votes  next  to  the  judges  so  elected;  and  no  ballot  for  judges  shall  be  counted, 
upon  which  more  than  two  electors  for  judges  for  each  election  district  shall  be  con¬ 
tained. 

Ibid.  §  3.  ©7.]  The  judges  of  election,  selected  by  the  board  of  supervisors,  shall 

constitute  the  first  board  of  registry  for  the  registration  of  voters  for  the  election  first  to 
beheld  after  the  division  made  under  this  act;  but  the  judges  of  elections  elected  an¬ 
nually  under  the  provisions  of  §  2  hereof,  shall  thereafter  constitute  such  Board  of  Reg¬ 
istry. 

Laws  1869,  172.  10  Mar.  §  1.  ©8.  Criminal  Provisions  Extended.  All  the 

provisions  of  *  *  §§  32,  33,  34  and  35  of  Chap.  39  Div.  11,]  and  all  other  laws  now 

in  force  in  this  state  punishing  frauds  in  elections,  *  are  hereby  declared  applicable  to 
all  elections  hereafter  to  be  held  in  any  county,  city,  town,  township  or  village,  under  any 
generator  special  laws  of  this  state,  upon  the  question  whether  any  such  county,  city,  town 
township  or  village,  or  any  officer  or  officers  thereof,  or  any  other  person  for  or  in  theii 
name,  or  for  or  on  behalf  of  such  county,  city,  town,  township  or  village,  or  the  inhabit 


Chap.  37.  §  99. 


259 


Elections. 


After  One  Rejection. 

ants  of  any  of  them,  should  subscribe  for  or  to  any  stock  in  any  incorporated  company,  or 
make  any  donation  or  gift  in  aid  of  such  company,  or  for  the  removal  of  any  county  seat. 

Ibid.  §  2.  09.  After  One  Rejection.]  No  officer  or  officers  of  any  county,  city, 

town,  township  or  village,  shall  be  required  to  submit  the  question  of  subscribing  to  or 
taking  stock  in  any  incorporation,  or  of  making  any  donation  or  gift  to  or  in  aid  of  any 
incorporation,  after  such  question  of  subscribing  or  taking  stock  or  making  such  dona¬ 
tion,  has  been  once  rejected  by  the  legal  voters  of  such  county,  city,  town,  township  or 
village ;  but  after  any  such  proposition  has  been  once  rejected  by  the  people  at  an  election 
held  for  that  purpose,  the  proper  authorities  of  any  county,  city,  town,  township  or  village, 
may  again  submit  such  proposition  to  the  electors,  at  their  discretion,  any  thing  in  any 
general  or  special  laws  now  in  force,  or  that  may  hereafter  be  enacted  to  the  contrary  not¬ 
withstanding. 


NOTE. 

The  preceding  pages  contain  the  Election  Law  as  it  was  immediately  prior  to  the  adop¬ 
tion  of  the  Constitution  of  1870,  and  in  form  precisely  as  it  appears  in  the  first  Volume  of 
the  Statutes.  The  sections  which  are  repealed  or  superseded  by  later  legislation,  are 
invariably  marked  in  the  margin.  Those  sections  are  retained  for  two  reasons.  First. 
Because  upon  them  the  decisions  of  the  supreme  court  have  been  made,  and  without 
them  those  decisions  could  be  of  but  little  assistance  in  construing  the  new  law.  Second. 
Because  it  is  often  desirable  to  compare  the  new  law  with  the  old,  in  order  to  know  ex¬ 
actly  what  has  been  changed  and  how  far  the  change  extends. 

The  following  pages  present  the  Election  Law  of  1872,  in  form  precisely  as  it  appears 
in  the  second  Volume  of  the  Statutes.  The  repealing  clause  in  §  239  is  fully  and  care¬ 
fully  annotated.  The  references  there  made  to  Volume  1,  can  all  be  used  by  turning  to 
the  pages  which  immediately  precede  this  note . 


139 


Chapter  37. 

ELECTIONS. 


§  100.  Senatorial  Districts. 

Consolidated  Act  of  1872. 
§101.  Electors  of  President. 

§102.  Abstract  of  the  Votes. 

§103.  Canvass  Made :  Tie  Decided. 

§  104.  Certificates  of  Election. 

§  105.  Meeting  of  the  Electors. 

§  106.  Elector  not  Attending. 

Official  Terms. 

§107.  Representatives  in  Congress. 
§108.  Governor  and  State  Officers. 

§  109.  Superintendent  of  Instruction. 
§110.  The  State  Treasurer. 

§111.  Judges  of  the  Supreme  Court. 
§112.  Clerks  of  the  Supreme  Court. 

§  113.  Judges  of  the  Circuit  Court. 
§114.  Of  Chicago  Superior  Court. 
§115.  Election  of  State  Senators. 
§116.  State  Representatives. 

§117.  County  Judges  and  Clerks. 
§118.  Sheriffs  and  Coroners. 

§119.  Clerks  of  the  Circuit  Court. 

§  120.  Of  Chicago  Superior  Court. 
§121.  Of  Cook  Co.  Criminal  Court. 
§122.  County  Treasurers. 

§  123.  County  Surveyors. 

§  124.  County  Superintendents. 

§  125.  State’s  Attorneys. 

§  126.  Board  of  Equalization. 

§127.  County  Recorders. 

§128.  County  Assessors. 

§  129.  County  Boards. 

Precincts. 

§  130.  Old  Precincts  Unchanged. 
§131.  But  may  be  Changed. 

§  132.  Under  Township  Organization. 
Judges. 

§  133.  Appointed  in  Precincts. 

§  134.  Appointed  in  Towns. 

§  135.  Notice  of  Appointment. 

§  136.  Continuance  of  Appointment. 

§  137.  Vacancies  and  How  Filled. 
Clerks :  Oaths. 

§  138.  Clerks  Chosen  by  the  Judges. 

§  139.  The  Oath  Required. 

§  140.  Administering  the  Oath. 

Ballot  Boxes  :  Poll  Books. 

§  141.  Number :  Lock:  Opening. 

§  142.  Kept  by  the  Judges . 

§  143.  Books  and  Blanks  Provided. 

§  144.  Constables  Appointed  to  Attend, 
§  145.  Special  Appointments  Made. 

§  146.  Disorder  Suppressed. 


Election  Notices. 

§147.  Thirty  Days  :  Twenty  Days. 

§  148.  Form  of  the  Notice. 

§149.  Time  and  Manner  of  Posting. 

Conducting  Elections. 

§  150.  Opening  and  Closing  Polls. 
§151.  Proclamation  Made  Thereof. 
§152.  Box  Examined  and  Locked. 
§153.  Poll  Lists  and  Numbering. 

§  154.  Ballot:  Paper:  Printing. 

§  155.  Candidate’s  Name  and  Office. 
§156.  Voting  for  Representative. 

§157.  Folding:  Delivery:  Number. 

§  158.  No  Adjournment  or  Recess. 

§  159.  Votes  Canvassed:  Irregularities. 
§  160.  In  Case  of  Surplus  in  Ballot. 
§161.  Ballots  Strung  and  Preserved. 

§  162.  Used  in  Case  of  Contest. 

§  163.  Certificate  to  Poll  Book. 

§  164.  Delivery  to  County  Clerk. 

§165.  Mileage  and  Per  Diem. 

§  166.  Two  Challengers  Allowed. 

Qualifications. 

§  167.  Required  for  a  Voter. 

§  168.  His  Permanent  Abode. 

§169.  The  Challenge  and  Oath. 

§  170.  Form  of  the  Oath. 

§171.  Oath  of  a  Witness. 

§172.  Administering  the  Oath. 

§  173.  Convicts  not  to  Vote. 

Canvassing. 

§  174.  Abstracts  of  Votes. 

§175.  Certificates  of  Election. 

§176.  Tie  Decided  by  Lot. 

§177.  Manner  of  Drawing. 

§178.  Pay  of  Judges  and  Clerks. 
§179.  Abstracts  Sent  to  Secretary . 

§  180.  How  to  be  Transmitted. 

§181.  Final  Canvass  Made. 

§182.  Tie  Decided  by  Lot. 

Penalties. 

§  183.  For  Sale  of  Liquor. 

§  184.  For  Swearing  Falsely. 

§  185.  For  Voting  Unlawfully. 

§  186.  Sundry  Offenses  Punished. 

§  187.  Soliciting  or  Receiving  Bribe. 

§  188.  For  Disorderly  Conduct. 

§  189.  Betting  on  Election. 

§  190.  Offenses  by  the  Judges. 

§  191.  Officer  Revealing  Vote. 

§  192.  Vote  Otherwise  Revealed. 

§  193.  Clerk  Neglecting  Duty. 

§  194.  Failure  to  Deliver  Poll  Books . 


Chap.  37.  §  ]00. 


140 


Elections. 


Senatorial  Districts. 


§  195.  Failure  by  County  Clerk. 

§196.  Fraud:  Corruption:  Misbehavior . 

§  197.  Poll  Book  Injured  or  Destroyed. 
Contests. 

§  198.  Of  Governor  or  State  Officer. 

§  1 99.  Senator  or  Representative. 

§  200.  Supreme  Judge  or  Clerk. 

Board  of  Equalization. 

§  201.  County  Judge  or  County  Seat. 

§  202.  County  or  Township  Officer. 

§  203.  Notice  to  State  Officer. 

§  204.  Committee  to  take  Testimony. 

§  205.  Power  of  the  Committee. 

§  2n6.  Notice  for  Depositions. 

§  207.  Points  to  be  Investigated. 

§  208.  Facts  Reported :  The  Hearing. 

§  209.  Senator  or  Representative. 

§  210.  Notice  of  the  Contest. 

§  211.  Notice  for  Taking  Testimony. 

§  212.  Papers  and  Witnesses  Produced. 

§  213.  Depositions  Sealed  and  Transmitted. 

§  214.  To  whom  Delivered. 

§  215.  Further  Testimony  Taken. 

§  216.  Any  Elector  may  Contest. 

An  act  to  apportion  the  state  of  Illinois  into  senatorial  di 


§  217.  Notice  of  the  Contest. 

§  218.  Summons  Issued  and  Served. 

§  219.  Evidence ,  and  IIow  Taken. 

§  220.  Manner  of  'Trial. 

§  221.  Other  Elections  Contested. 

§  222.  County  not  Defending. 

§  223.  Judgment  After  a  Contest. 

§  224.  Result  Being  a  Tie. 

§  225.  Copy  of  the  Judgment. 

§  226.  Disqualification  shall  Avoid. 

§  227.  Appeal  to  be  Allowed. 

Resignations:  Vacancies. 

§  228.  Resignation ,  to  whom  Made. 

§  229.  Vacancy ,  and  How  Caused. 

§  230.  Fact  of  Vacancy  Determined. 

§  231.  Proclamation  of  Special  Election. 

§  232.  Governor  shall  Appoint. 

§  233.  Special  Election  Ordered. 

§  234.  For  Member  of  Congress. 

§  235.  Supreme  and  Other  Judges. 

§  236.  Vacancy  Filled  by  the  Court. 

§  237.  County  Board  may  Appoint. 

§  238.  All  Elections  Included. 

§  239.  List  of  Acts  Repealed. 

ids.  Approved  1  March  1872.  In  force  1  July  1872 


100.  Apportionment  of  1872.]  §  1.  Until  the  taking  and  return  of  the  next  federal 
census,  and  the  apportionment  thereunder,  as  provided  in  the  constitution,  this  state  shall 
be  divided  into  senatorial  districts,  each  of  which  shall  be  entitled  to  one  senator  and 
three  representatives,  as  follows,  to-wit : 

1.  The  1st,  2d,  10th  and  11th  wards  of  the  city  of  Chicago,  in  the  county  of  Cook,  shall 
constitute  the  first  district. 

2.  The  3d,  4th,  and  5th  wards  of  the  city  of  Chicago,  in  the  county  of  Cook,  and  the 
townships  of  Hyde  Park  and  Lake,  in  said  county,  shall  constitute  the  second  district. 

3.  The  6th,  7th  and  8th  wards  of  the  city  of  Chicago,  in  the  county  of  Cook,  shall 
■constitute  the  third  district. 

4.  The  9th,  12th  and  13th  wards  of  the  city  of  Chicago,  in  the  county  of  Cook,  shall 
constitute  the  fourth  district. 

5.  The  14th,  15th  and  18th  wards  of  the  city  of  Chicago,  in  the  county  of  Cook,  shall 
constitute  the  fifth  district. 

f.  The  16th,  17th,  19th  and  20th  wards  of  the  city  of  Chicago,  in  the  county  of  Cook, 
shall  constitute  the  sixth  district. 

7.  The  townships  of  New  Trier,  Northfield,  Wheeling,  Palatine,  Barrington,  Hanover, 
Schaumberg,  Elk  Grove,  Maine,  Niles,  Evanston,  Lake  View,  Jefferson,  Leyden,  Proviso, 
Riverside,  Cicero,  Lyons,  Lemont,  Palos,  Worth,  Calumet,  Thornton,  Bremen,  Orland, 
Rich,  and  Bloom,  in  the  county  of  Cook,  shall  constitute  the  seventh  district. 

8.  The  counties  of  McHenry  and  Lake  shall  constitute  the  eighth  district. 

9.  The  counties  of  Winnebago  and  Boone  shall  constitute  the  ninth  district. 

10.  The  counties  of  Jo  Daviess  and  Stephenson  shall  constitute  the  tenth  district. 

11.  The  counties  of  Carroll  and  Whiteside  shall  constitute  the  eleventh  district. 

12.  The  counties  of  Ogle  and  Lee  shall  constitute  the  twelfth  district. 

13.  The  counties  of  De  Kalb,  Kendall  and  Grundy,  shall  constitute  the  thirteenth  dis¬ 
trict. 

14.  The  counties  of  Kane  and  Du  Page  shall  constitute  the  fourteenth  district. 

15.  The  county  of  Will  shall  constitute  the  fifteenth  district. 

16.  The  counties  of  Kankakee  and  Iroquois  shall  constitute  the  sixteenth  district. 

17.  The  county  of  La  Salle  shall  constitute  the  seventeenth  district. 

18.  The  counties  of  Livingston  and  Ford  shall  constitute  the  eighteenth  district. 

19.  The  counties  of  Bureau  and  Stark  shall  constitute  the  nineteenth  district. 

20.  The  counties  of  Putnam,  Marshall  and  Woodford  shall  constitute  the  twentieth 
district. 


Chap.  37.  §§  101,  102. 


141 


Elections. 


Consolidated  Act  of  1872. 


21.  The  counties  of  Rock  Island  and  Henry  shall  constitute  the  twenty-first  district. 

22.  The  counties  of  Mercer  and  Knox  shall  constitute  the  twenty-second  district. 

23.  The  counties  of  Warren  and  McDonough  shall  constitute  the  twenty-third  district. 

24.  The  counties  of  Henderson  and  Hancock  shall  constitute  the  twenty-fourth  district. 

25.  The  counties  of  Fulton  and  Schuyler  shall  constitute  the  twenty-fifth  district. 

26.  The  county  of  Peoria  shall  constitute  the  twenty-sixth  district. 

27.  The  counties  of  Tazewell  and  Logan  shall  constitute  the  twenty-seventh  district. 

28.  The  county  of  McLean  shall  constitute  the  twenty-eighth  district. 

29.  The  counties  of  De  Witt  and  Macon  shall  constitute  the  twenty-ninth  district. 

30.  The  counties  of  Piatt  and  Champaign  shall  constitute  the  thirtieth  district. 

31.  The  counties  of  Vermilion  and  Edgar  shall  constitute  the  thirty-first  district. 

32.  The  counties  of  Douglas,  Coles  and  Moultrie  shall  constitute  the  thirty-second  dis¬ 
trict. 

33.  The  counties  of  Shelby,  Cumberland  and  Effingham  shall  constitute  the  thirty-third 
district. 

34.  The  counties  of  Christian  and  Montgomery  shall  constitute  the  thirty-fourth  dis¬ 
trict. 

35.  The  county  of  Sangamon  shall  constitute  the  thirty-fifth  district. 

36.  The  counties  of  Mason,  Brown,  Cass  and  Menard  shall  constitute  the  thirty-sixth 
district. 

37.  The  county  of  Adams  shall  constitute  the  thirty-seventh  district. 

38.  The  counties  of  Scott,  Pike  and  Calhoun  shall  constitute  the  thirty-eighth  district. 

39.  The  counties  of  Greene  and  Morgan  shall  constitute  the  thirty-ninth  district. 

40.  The  counties  of  Macoupin  and  Jersey  shall  constitute  the  fortieth  district. 

41.  The  county  of  Madison  shall  constitute  the  forty-first  district. 

42.  The  counties  of  Bond,  Clinton  and  Washington  shall  constitute  the  forty-second 
district. 

43.  The  counties  of  Fayette  and  Marion  shall  constitute  the  forty-third  district. 

44.  The  counties  of  Clay,  Wayne,  Richland,  Edwards  and  Wabash  shall  constitute  the 
forty-fourth  district. 

45.  The  counties  of  Clark,  Crawford,  Lawrence  and  Jasper  shall  constitute  the  forty- 
fifth  district. 

46.  The  counties  of  Jefferson,  Hamilton  and  White  shall  constitute  the  forty-sixth  dis¬ 
trict. 

47.  The  counties  of  Franklin,  Williamson,  Saline  and  Gallatin  shall  constitute  the  forty- 
seventh  district. 

48.  The  counties  of  Monroe,  Randolph  and  Perry  shall  constitute  the  forty-eighth  dis¬ 
trict. 

49.  The  county  of  St.  Clair  shall  constitute  the  forty-ninth  district. 

50.  The  counties  of  Jackson,  Union  and  Alexander  shall  constitute  the  fiftieth  district. 

51.  The  counties  of  Pulaski,  Massac,  Johnson,  Pope  and  Hardin  shall  constitute  the 
fifty-first  district. 


CONSOLIDATED  ACT  OF  1872. 

An  act  in  regard  to  elections,  and  to  provide  for  filling  vacancies  in  elective  offices.  Approved  3  April  1872.  In 

force  1  July  1872. 

ELECTORS  OF  PRESIDENT  AND  VICE-PRESIDENT  OF  UNITED  STATES. 

101.  Electors  of  President.]  §  1.  There  shall  be  elected,  by  general  ticket,  on 
the  Tuesday  next  after  the  first  Monday  in  November  preceding  the  expiration  of  the 
term  of  office  of  each  president  of  the  United  States,  as  many  electors  of  president  and 
rice-president  of  the  United  States  as  this  state  may  be  entitled  to  elect  —  which  election 
shall  be  conducted  and  returns  thereof  made  as  hereinafter  provided  :  Provided ,  that  if 
congress  should  hereafter  fix  a  different  day  for  such  election,  then  the  election  for 
electors  shall  be  held  on  such  day  as  shall  be  named  by  act  of  congress. 

102.  Abstract  of  Votes.]  §  2.  The  county  clerks  of  the  several  counties  shall 


142 


Elections. 


Chap.  37.  §§  103—112. 

Consolidated  Act  of'  1872. 


within  eight  days  next  after  holding  an  election  forelectors  of  president  and  vice-president 
of  the  United  States,  as  is  provided  for  in  this  act,  make  three  copies  of  the  abstract  of 
votes  for  electors,  and  transmit  by  mail  one  of  said  copies  to  the  governor,  another  to  the 
office  of  the  secretary  of  state,  and  retain  the  third  in  his  office,  to  be  sent  for  by  the 
governor  in  case  both  the  others  should  be  mislaid. 

10!$.  Canvass  Made:  Tie  Vote.]  Within  20  days  after  the  holding  of  such  elec¬ 
tion,  and  sooner  if  all  the  returns  are  received  by  either  the  governor  or  by  the  secretary 
of  state,  the  secretary  of  state,  auditor  of  public  accounts  and  treasurer,  or  any  two  of 
them,  shall,  in  the  presence  of  the  governor,  proceed  to  open  and  canvass  said  election 
returns,  and  to  declare  the  persons  having  the  highest  number  of  votes  elected  ;  but 
should  any  two  or  more  persons  be  returned  with  an  equal  and  the  highest  vote,  the  said 
secretary  of  state  shall  cause  a  notice  of  the  same  to  be  published,  which  notice  shall 
name  some  day  and  place,  not  less  than  five  days  from  the  time  of  the  publication  of 
such  notice,  upon  which  the  said  secretary,  auditor  and  treasurer  will  decide,  by  lot,  which 
of  said  persons  so  equal  and  highest  is  elected.  And  upon  the  day  and  at  the  place  so 
appointed  in  said  notice,  the  said  secretary,  auditor  and  treasurer,  or  any  two  of  them, 
shall,  in  the  presence  of  the  governor,  decide,  by  lot,  which  of  the  persons  so  equal  and 
highest  shall  be  elected. 

194.  C  ertificate  of  Election.]  §  3.  The  governor  shall  cause  the  result  of  the 
said  election  to  be  published,  and  shall  transmit  by  mail,  to  the  persons  elected,  certificates 
of  their  election. 

10**5.  Meeting  of  Electors.]  §  4.  The  electors  chosen,  as  aforesaid,  shall  meet  at 
the  seat  of  government  of  this  state,  at  the  time  appointed  by  the  laws  of  the  United 
States,  and  give  their  votes  in,  in  the  manner  therein  provided,  and  perform  such  duties 
as  are  or  may  be  required  by  law.  Each  elector  shall  receive  for  every  20  miles  necessary 
travel  in  going  to  the  seat  of  government  to  give  his  vote,  and  returning  to  his  residence, 
to  be  computed  by  the  most  usual  route,  the  sum  of  $3.,  to  be  paid  on  the  warrant  of  the 
auditor,  out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

tm.  Ei  .ector  Not  Attending.]  §  5.  In  case  any  person  declared  duly  elected  an 
elector  of  president  and  vice-president  of  the  United  States  shall  fail  to  attend  at  the 
state  house,  at  the  seat  of  government  of  this  state,  at  or  before  the  hour  of  12  o’clock, 
at  noon,  of  the  day  on  which  his  vote  is  required  to  be  given,  it  shall  be  the  duty  of  the 
elector  or  electors  of  president  and  vice-president,  attending  at  that  time  and  place,  to 
appoint  a  person  or  persons  to  fill  such  vacancy:  Provided ,  that  should  the  person  or 
persons  chosen  by  the  people,  as  aforesaid,  arrive  at  the  place  aforesaid  before  the  votes 
for  president  and  vice-president  are  actually  given,  the  person  or  persons  appointed  to  fill 
such  vacancy  shall  not  act  as  elector  of  president  and  vice-president. 

TIME  OF  HOLDING  ELECTIONS  FOR  CERTAIN  OFFICERS. 

107.  Representatives  in  Congress.]  §  6.  Representatives  in  congress  shall  be 
elected  on  Tuesday  next  after  the  first  Monday  in  November,  a.  d.  1872,  and  every  two 
years  thereafter  ;  but  if  congress  shall  fix  a  different  day,  then  such  election  shall  be 
held  on  the  day  so  fixed  by  congress. 

108.  Governor:  Lieutenant  Governor:  Secretary:  Auditor:  Attorney 
General.]  §  7.  The  governor,  lieutenant  governor,  secretary  of  state,  auditor  of  public 
accounts  and  attorney  general,  shall  be  elected  on  Tuesday  next  after  the  first  Monday  of 
November,  a.  d.  1872,  and  every  four  years  thereafter. 

109. '  S  uperintendent  of  Public  Instruction.]  §  8.  The  superintendent  of  pub¬ 
lic  instruction  shall  be  elected  on  Tuesday  next  after  the  first  Monday  of  November, 
a.  d.  1874,  and  every  four  years  thereafter. 

110.  State  Treasurer.]  §9.  The  state  treasurer  shall  be  elected  on  Tuesday  next 
after  the  first  Monday  of  November,  a.  d.  1872,  and  every  two  years  thereafter. 

111.  Supreme  Judges.]  §  10.  The  judges  of  the  supreme  court  shall  hereafter  be 
elected  as  follows,  to-wit:  In  the  first,  second,  third,  sixth  and  seventh  districts  on  the  first 
Monday  of  June,  a.  d.  1879,  and  every  nine  years  thereafter.  In  the  fourth  district,  on 
the  first  Monday  of  June,  a.  d.  1876,  and  every  nine  years  thereafter.  In  the  fifth  dis¬ 
trict.  on  the  first  Mondav  of  June,  a.  d.  1873,  and  every  nine  years  thereafter. 

112.  S  upreme  Clerks.]  §  11.  A  clerk  of  the  supreme  court  in  each  grand  division 
shall  be  elected  on  Tuesday  next  after  the  first  Monday  of  November,  a.  d.  1872,  and 
every  six  years  thereafter. 


Chap.  37. 


113—129. 


143 


Elections. 


Consolidated  Act  of  1872. 


US.  Circuit  Judges.]  §  12.  The  judges  of  the  circuit  court  shall  be  elected  on  the 
first  Monday  of  June,  A.  d.  1873,  and  every  six  years  thereafter. 

114L  Judges:  Cook  County  Superior  Court.]  §13.  The  judges  of  the  superior 
court  of  Cook  county  shall  be  elected  as  follows  :  One  on  Tuesday  next  after  the  first 
Monday  of  November,  a.  d.  1874,  and  every  six  years  thereafter;  one  on  Tuesday  next 
after  the  first  Monday  of  November,  a.  d.  1876,  and  every  six  years  thereafter;  and  one 
on  Tuesday  next  after  the  first  Monday  of  November,  A.  d.  1878,  and  every  six  years 
thereafter. 

II  <«&.  State  Senators.]  §  14.  State  senators  shall  be  elected  as  follows,  to  wit: 
Those  in  districts  bearing  even  numbers  shall  be  elected  on  Tuesday  next  after  the  first 
Monday  of  November,  a.  d.  1872,  and  every  four  years  thereafter.  Those  in  districts 
bearing  odd  numbers  shall  be  elected  on  Tuesday  next  after  the  first  Monday  of  Novem¬ 
ber,  a.  d.  1872,  for  the  term  of  two  years.  And  after  that  they  shall  be  elected  on  Tues¬ 
day  next  after  the  first  Monday  of  November,  a.  d.  1874,  and  every  four  years  there¬ 
after. 

116.  Representatives.]  §  15.  Members  of  the  house  of  representatives  shall  be 
elected  on  Tuesday  next  after  the  first  Monday  of  November,  a.  d.  1872,  and  every  two 
years  thereafter. 

117.  County  Judges  :  County  Clerks.]  §16.  The  county  judges  and  county  clerks 
shall  be  elected  on  Tuesday  next  after  the  first  Monday  of  November,  a.  d.  1873,  and 
every  four  years  thereafter. 

1 18.  Sheriffs:  Coroners.]  §  17.  The  sheriffs  and  coroners  shall  be  elected  on 
Tuesday  next  after  the  first  Monday  of  November,  a.  d.  1872,  and  every  two  years  there¬ 
after. 

119.  Circuit  Clerks.]  §  18.  The  clerks  of  the  circuit  court  shall  be  elected  on 
Tuesday  next  after  the  first  Monday  of  November,  a.  d.  1872,  and  every  four  years  there¬ 
after. 

ISO.  Clerk:  Cook  County  Superior  Court.]  §  19.  The  clerk  of  the  superior 
court  of  Cook  county  shall  be  elected  on  Tuesday  next  after  the  first  Monday  of  No¬ 
vember,  a.  d.  1875,  and  every  four  years  thereafter. 

9 *3! .  Clerk  :  Cook  County  Criminal  Court.]  §  20.  The  clerk  of  the  criminal 
court  of  Cook  county  shall  be  elected  on  Tuesday  next  after  the  first  Monday  of  Novem¬ 
ber,  a.  d.  1873,  and  every  four  years  thereafter. 

13*3.  County  T  reasurers.]  §  21.  The  county  treasurers  shall  be  elected  on  Tues_ 
day  next  after  the  first  Monday  of  November,  a.  d.  1873,  and  every  two  years  thereafter. 

135.  County  Surveyors.]  §  22.  The  county  surveyors  shall  be  elected  on  Tuesday 
next  after  the  first  Monday  of  November,  a.  d.  1875,  and  every  four  years  thereafter. 

1341.  County  Superintendents.]  §  23.  The  county  superintendents  of  schools  shall 
be  elected  on  Tuesday  next  after  the  first  Monday  of  November,  a.  d.  1873,  and  every 
four  years  thereafter. 

S3«5.  State’s  Attorney.]  §  24.  A  state’s  attorney  shall  be  elected  in  each  county 
on  Tuesday  next  after  the  first  Monday  of  November,  a.  d.  1872,  and  every  four  years 
thereafter. 

136.  Board  of  Equalization.]  §25.  There  shall  be  elected  in  each  congressional 
district,  on  Tuesday  next  after  the  first  Monday  of  November,  a.  d.  1872,  and  every  four 

,  years  thereafter,  one  elector,  to  serve  as  a  member  of  the  state  board  of  equalization. 

137.  County  Recorders.]  §  26.  In  counties  having  a  population  of  60,000  or 
more,  there  shall  be  elected  a  recorder  of  deeds,  on  Tuesday  next  after  the  first  Monday 
of  November,  a.  d.  1872,  and  every  four  years  thereafter. 

138.  County  Assessors.]  §  27.  In  counties  not  under  township  organization,  there 
shall  be' elected  on  Tuesday  next  after  the  first  Monday  of  November,  a.  d.  187*3,  and 
every  two  years  thereafter,  a  county  assessor,  who  shall  hold  his  office  for  two  years,  and 
until  his  successor  is  elected  and  qualified. 

130.  County  Boards.]  §  28.  In  counties  not  under  township  organization  there 
shall  be  elected  on  Tuesday  next  after  the  first  Monday  of  November,  a.  d.  1873,  three 
officers,  who  shall  be  styled  “The  Board  of  County  Commissioners,”  one  of  whom  shall 
hold  his  office  for  one  year,  one  for  two  years,  and  one  for  three  years,  to  be  determined 
by  lot ;  and  every  year  thereafter,  one  such  officer  shall  be  elected  in  each  of  said  coun¬ 
ties,  for  the  term  of  three  years. 


Ciiap.  37. 


114 


Elections. 


§§  130—140. 

Consolidated  Act  of  1872. 


ELECTION  PRECINCTS. 

1550.  Oli>  Precincts  Unchanged.]  §  29.  The  election  precincts  established  in 
counties  not  under  township  organization,  before  the  taking  effect  of  this  act,  shall  remain 
until  changed  bv  the  county  board. 

1551.  M  ay  be  Changed.]  §  30.  The  county  board  of  such  counties  may,  from  time 
to  time,  change  the  boundaries  of  election  precincts,  and  may  erect  and  establish  one  or 
more  new  election  precincts,  and  may  designate  and  change  the  places  of  holding  elec¬ 
tions.  All  general  and  special  elections  shall  be  held  at  the  places  so  designated. 

155£.  Under  Township  Organization.]  §  31.  In  counties  under  township  organ¬ 
ization,  each  town  shall  constitute  an  election  precinct,  but  the  county  board  may  divide 
any  town  into  as  many  election  districts  as  the  convenience  of  the  people  may  require, 
defining  the  same  by  distinct  boundaries  and  numbers,  and  may,  from  time  to  time,  des¬ 
ignate  the  places  at  which  elections  shall  be  held.  All  general  and  special  .elections  shall 
be  held  at  the  places  so  designated. 

JUDGES  AND  CLERKS  OF  ELECTION. 

1355.  Appointed  in  Precincts.]  §  32.  In  counties  not  under  township  organiza¬ 
tion.  the  county  board  shall,  annually,  at  its  last  regular  session  preceding  the  general 
election,  appoint  three  capable  and  discreet  electors  to  act  as  judges  of  election  in  each 
election  precinct,  and  may  at  any  time  fill  vacancies. 

5554:.  Appointed  in  Towns.]  §33.  In  pounties  under  township  organization,  where 
the  county  board  shall  have  divided  a  town  into  several  election  districts,  it  shall  at  its 
last  regular  session  preceding  the  general  election,  appoint  three  capable  and  discreet 
electors  to  act  as  judges  of  election  in  each  election  district  in  such  town,  and  may  at  any 
time  fill  vacancies:  Provided,  that  the  supervisor,  assessor  and  collector  shall  be  desig¬ 
nated  as  judges  of  election  in  the  districts  in  which  they  respectively  reside. 

135.  Notice  of  Appointment.]  §  34.  Immediately  on  the  appointment  of  such 
judges,  the  county  clerk  shall  make  out  and  deliver  to  the  sheriff  of  the  county  a  notice 
thereof,  directed  to  each  person  so  appointed,  and  the  sheriff  shall,  within  20  days  after 
the  receipt  pf  such  notices,  deliver  the  same  to  the  several  judges  so  appointed. 

130.  Appointment  Shall  Continue.]  §  35.  The  judges  so  appointed  shall  be 
and  continue  judges  of  all  general  and  special  elections  held  within  their  respective  pre¬ 
cincts  or  districts,  until  other  judges  shall  be  appointed  in  like  manner. 

1557.  Vacancies  :  How  Filled.]  §  36.  If,  at  the  time  for  the  opening  of  any  elec¬ 
tion,  any  person  appointed  or  constituted  a  judge  of  election  shall  not  be  present,  or  will 
not  act  or  take  the  oath  to  act  in  such  capacity,  the  judge  or  judges  present  may  appoint 
some  other  qualified  elector  to  act  in  his  place.  If  there  be  no  judge  of  election  present, 
or  he  refuses  to  act,  such  electors  of  the  precinct  or  district  as  may  then  be  present  at  the 
place  of  election,  may  fill  the  places  of  such  judges  by  election  from  their  number.'  The 
judges  so  appointed  shall  have  the  same  power  and  be  subject  to  the  same  penalties  as 
other  judges  of  election. 

1558.  Clerks:  Judges  to  Select.]  §  37.  The  judges  of  election  shall  choose  two 
persons  having  similar  qualifications  with  themselves  to  act  as  clerks  of  election,  who  may 
continue  to  act  as  such  during  the  pleasure  of  the  judges. 

OATH  OF  JUDGES  AND  CLERKS  OF  ELECTION. 

130.  Oath  Required.]  §  38.  Previous  to  any  vote  being  taken,  the  judges  ana 
clerks  of  the  election  shall  severally  take  an  oath  or  affirmation,  in  the  following  form,  to- 
wit :  I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I  will  support  the  constitu¬ 
tion  pf  the  United  States  and  the  constitution  of  the  state  of  Illinois,  and  that  I  will  faith¬ 
fully  discharge  the  duties  of  the  office  of  judge  of  election  (or  clerk,  as  the  case  may 
be.)  according  to  the  best  of  my  ability. 

140.  A  dministering  Oath.]  §  39.  In  case  there  shall  be  no  judge  or  justice  of  the 
peace  present  at  the  opening  of  the  election,  or  in  case  such  judge  or  justice  shall  be  ap¬ 
pointed  a  judge  or  clerk  of  election,  it  shall  be  lawful  for  the  judges  of  the  election  to 
administer  the  oath  or  affirmation  to  each  other,  and  to  the  clerks  of  the  election  ;  and 
the  person  administering  such  oath  or  affirmation,  shall  cause  an  entry  thereof  to  be  made 
and  subscribed  by  him,  and  prefixed  to  each  poll  book. 


Chap.  37.  §§  141—151. 


145 


Elections. 


Consolidated  Act  of  1872. 


BALLOT  BOXES  AND  POLL  BOOKS. 

141.  Number:  Lock:  Opening.]  §  40.  The  county  board  shall  provide  a  sufficient 
number  of  ballot  boxes,  with  secure  locks  and  keys,  at  the  expense  of  the  county,  for  the 
several  precincts  and  districts.  There  shall  be  an  opening  in  the  lid  of  each  box  not 
larger  than  is  sufficient  to  admit  a  single  closed  ballot  to  be  inserted  therein  at  one  time, 
through  which  each  ballot  voted  shall  be  put  into  the  box. 

14t5.  Kept  by  the  Judges.]  §  41.  The  ballot  boxes  shall  be  delivered  to  and  kept 
by  the  judges  of  election,  and  by  them  kept  and  delivered  over  to  their  successors. 

14£$.  Poll  Books:  Blanks.]  §  42.  The  county  clerk  shall  provide,  at  the  expense 
of  the  county,  proper  blank,  poll  books  and  other  necessary  election  blanks  for  each  pre¬ 
cinct  and  district  in  his  county,  and  cause  a  suitable  number  thereof  to  be  delivered  to 
the  judges  of  election,  at  least  10  days  before  any  election  is  to  be  held. 

constables  appointed  to  attend  elections  :  order. 

1  1  1.  How  Appointed.]  §  43.  The  county  board  may  appoint  one  or  more  consta¬ 
bles  to  attend  each  place  of  holding  elections  and  preserve  order  during  the  election  ;  if 
no  constable  is  appointed  by  the  county  board  to  attend  any  place  of  holding  election,  or 
if  others  shall  be  necessary  to  preserve  order,  the  judges  of  election  may  appoint  one  or 
more  constables  for  that  purpose. 

140.  Special  Appointments.]  §  44.  The  judges  of  election  may  appoint  any  suit¬ 
able  person  to  act  as  a  special  constable  during  the  election.  Constables  serving  at  such 
election  shall  be  paid  out  of  the  county  treasury,  not  exceeding  $2.  per  day  for  each  day’s 
service. 

I  111.  Disorder  Suppressed:  Arrests.]  §  45.  Any  constable  attending  such  elec¬ 
tion  may  call  to  his  aid  a  sufficient  number  of  citizens  to  arrest  any  disorderly  person  or 
suppress  any  riot  or  disorder  during  the  election.  Whoever  conducts  himself  in  a  riotous 
or  disorderly  manner  at  any  election  and  persists  in  such  conduct  after  being  warned  to 
desist,  may  be  arrested  without  warrant. 

• 

notice  of  election. 

147.  Thirty  Days  :  Twenty  Days.]  §  46.  At  feast  30  days  previous  to  any  gen¬ 
eral  election  and  at  least  20  days  previous  to  any  special  election,  except  in  cases 
otherwise  provided  for,  the  county  clerk,  in  counties  not  under  township  organization, 
shall  make  out  and  deliver  to  the  sheriff  of  his  county,  or  in  counties  under  township  or¬ 
ganization  to  the  several  supervisors  of  his  county,  three  notices  thereof  for  each  precinct 
or  district  in  which  the  election  in  such  county  is  to  be  held. 

148.  Form  of  the  Notice.]  The  notice  may  be  substantially  as  follows: 

Notice  is  hereby  given,  that  on  (give  the  date,)  at  (give  the  place  of  holding  the  election  and  the  name 
of  the  precinct  or  district,)  in  the  county  of  (name  of  county,)  an  election  will  be  held  for  (give  the  title  of 
the  several  offices  to  be  tilled),  which  election  will  be  opened  at  eight  o’clock  in  the  morning  and  continue 
open  until  seven  o’clock  in  the  afternoon  of  that  day.  Dated  at  .  .  .  this  .  .  .  day  of  .  .  . 

A.  d.  18  .  .  A  .  .  .  B  .  .  .  County  Clerk. 

149.  Posting  Notices.]  §  47.  The  said  sheriff,  or  supervisor  to  whom  the  notices 
are  delivered,  shall  post  up,  in  three  of  the  most  public  places  in  each  precinct  or  district, 
the  three  notices  therefor  at  least  15  days  before  the  time  of  holding  a  general  election, 
and  at  least  eight  davs  before  the  time  of  holding  a  special  election. 

CONDUCTING  ELECTIONS  :  RETURNS. 

150.  Opening  Polls  :  Closing.]  §  48.  The  polls  shall  be  opened  at  the  hour  ol 
eight  o’clock  in  the  morning,  and  continue  open  until  seven  o’clock  in  the  afternoon  of 
the  same  day,  at  which  time  the  polls  shall  be  closed;  but  if  the  judges  shall  not  attend 
at  the  hour  of  eight  o’clock  in  the  morning,  or  if  it  shall  be  necessary  for  the  electors 
present  to  appoint  judges  to  conduct  the  election,  as  herein  before  prescribed,  the  polls 
may,  in  that  case,  be  open  at  any  hour  before  the  time  for  closing  the  same  shall  arrive, 
as  the  case  may  require. 

151.  Proclamation  Made.]  §  49.  Upon  opening  the  polls,  one  of  the  clerks  or 
judges  of  election  shall  make  proclamation  of  the  same,  and  at  least  30  minutes  before 
closing  of  the  polls  proclamation  shall  be  made  in  like  manner  that  the  polls  will  be 
closed  in  half  an  hour. 

10 


Chap.  37.  §§  152—161. 


146 


Elections. 


Consolidated  Act  of  1872. 


152.  Box  Examined  :  Locked.]  §  50.  Before  any  ballot  shall  be  deposited  in  the 
ballot  box,  the  ballot  box  shall  be  publicly  opened  and  exhibited  and  the  judges  and 
clerks  shall  see  that  no  ballot  is  in  such  box  ;  after  which  the  box  shall  be  locked  and 
the  key  delivered  to  one  of  the  judges,  and  shall  not  be  again  opened  until  the  close  of 
the  polls. 

153».  Poll  Lists:  Numbering.]  §  51.  Each  clerk  of  the  election  shall  keep  a  poll 
list,  which  shall  contain  a  column  headed  “  number,”  and  another  headed  “  names  of 
voters.”  The  name  of  each  elector  voting  shall  be  entered  upon  each  of  the  poll  books 
by  the  clerks,  in  regular  succession,  under  the  proper  headings,  and  the  number  of  such 
voter  placed  opposite  his  name  in  the  column  headed  “  number.” 

154.  Ballot:  Paper:  Printing.]  §  52.  The  manner  of  voting  shall  be  by  ballot. 
The  ballot  shall  be  printed  or  written,  or  partly  printed  and  partly  written  upon  plain 
‘paper,  with  the  name  of  each  candidate  voted  for,  and  the  title  of  the  offices.  When  the 
ballot  is  printed,  the  same  shall  be  printed  upon  plain  paper,  in  plain  type,  in  straight 
lines,  with  a  blank  space  below  each  name,  of  a  width  not  less  than  equal  to  the  width  of 
the  line  in  which  the  name  is  printed. 

133.  Candidates’  Names  :  Office.]  §  53.  The  names  of  all  candidates  for  which 
the  elector  intends  to  vote  shall  be  written  or  printed  upon  the  same  ballot,  and  the  office 
to  which  he  desires  each  to  be  elected  shall  be  designated  upon  the  ballot. 

.  156.  V  oting  for  Repkesentative.]  §  54.  In  voting  for  representatives  to  the 
general  assembly,  if  the  voter  intends  to  give  more  than  one  vote  to  any  candidate,  he 
shall  express  his  intention  on  the  face  of  the  ballot,  in  words  or  figures,  which  may  be 
done  in  either  of  the  following  forms:  A...B...,C...D..., 
E  .  .  .  F  .  .  .  ,  which  shall  be  held  to  mean  one  vote  for  each  candidate 

named ;  or  A  ...  B  ...  1-^-  votes,  C  ...  D  ...  1^  votes ;  or 

A  ...  B  ...  2  votes,  C  ...  D  ...  1  vote ;  or  A  .  .  .  B  .  .  . 

3  votes. 

15T.  Folded:  Delivered:  Indorsed.]  §55.  The  ballot  shall  be  folded  by  the 
voter  and  delivered  to  one  of  the  judges  of  election,  and  if  the  judges  be  satisfied  that  the 
person  offering  the  vote  is  a  legal  voter,  the  clerks  of  election  shall  enter  the  name  of  the 
voter  and  his  number  under  the  proper  heading  in  the  poll  books,  and  the  judges  shall 
indorse  on  the  back  of  the  ticket,  offered,  the  number  corresponding  with  the  number  of 
the  voter  on  the  poll  books,  and  shall  immediatel v  put  the  ticket  into  the  ballot  box. 

138.  No  Adjournment  :  No  Recess.]  §  56.  After  the  opening  of  the  polls,  no 
adjournment  shall  be  had,  nor  shall  any  recess  be  taken,  until  all  the  votes  cast  at  such 
election  shall  have  been  counted  and  the  result  publicly  announced. 

159.  Votes  Canvassed  :  Irregularities.]  §  57.  Immediately  upon  closing  the 
polls,  the  judges  shall  proceed  to  canvass  the  votes  polled.  They  shall  first  count  the 
whole  number  of  ballots  in  the  box.  If  the  ballots  shall  be  found  to  exceed  the  number 
of  names  entered  on  each  of  the  poll  lists,  they  shall  reject  the  ballots,  if  any  be  found 
upon  which  no  number  is  marked;  if  the  number  of  ballots  still  exceeds  the  number  of 
names  entered  on  each  of  the  poll  lists,  they  shall  be  replaced  in  the  box  and  the  box 
closed  and  well  shaken  and  again  opened,  and  one  of  the  judges  shall  publicly  draw  out 
and  destroy  so  many  ballots  unopened  as  shall  be  equal  to  such  excess,  and  the  ballots 
or  poll  lists  agreeing  or  being  made  to  agree,  the  board  shall  proceed  to  count,  and  esti¬ 
mate  and  publish  the  votes;  and  when  the  judges  of  election  shall  open  and  read  the 
tickets,  each  clerk  shall  carefully  mark  down  upon  the  tally-list  the  votes  each  candidate 
receives,  in  a  separate  column  prepared  for  that  purpose,  with  the  name  of  such  candi¬ 
date  at  the  head  of  such  column,  and  the  office  designated  by  the  votes  such  candidate 
shall  fill. 

166.  S  urplusage.]  §  58.  If  more  persons  are  designated  for  any  office  than  there 
are  candidates  to  be  elected,  or  if  more  votes  or  parts  of  votes  are  designated  on  any  bal¬ 
lot  for  representatives  than  the  voter  is  entitled  to  cast,  such  part  of  the  ticket  shall  not 
be  counted  for  either  of  the  candidates. 

161.  Ballots  Strung  :  Preserved.]  §  59.  All  the  ballots  counted  by  the  judges' 
of  election  shall,  after  being  read,  be  strung  upon  a. strong  thread  or  twine,  in  the  order 
in  which  they  have  been  read,  and  shall  then  be  carefully  enveloped  and  sealed  up  by 
the  judges,  who  shall  direct  the  same  to  the  officer  to  whom  by  law  they  are  required  to 
return  the  poll  books,  and  shall  be  delivered,  together  with  the  poll  books,  to  such  officer, 


Chap.  37.  §§  162—170. 


147 


Elections. 


Consolidated  Act  of  1872. 


who  shall  carefully  preserve  said  ballots  for  six  months,  and  at  the  expiration  of  that 
time  shall  destroy  them  by  burning,  without  the  package  being  previously  opened  :  Pro¬ 
vided,  if  any  contest  of  election  shall  be  pending  at  such  time  in  which  such  ballots  may 
be  required  as  evidence,  the  same  shall  not  be  destroyed  till  such  contest  is  finally  deter¬ 
mined. 

16££.  Tn  Case  of  Contest.]  §  60.  In  all  cases  of  contested  election,  the  parties 
contesting  the  same  shall  have  the  right  to  have  the  said  package  of  ballots  opened,  and 
said  ballots  referred  to  by  witnesses  for  the  purpose  of  such  contest.  But  said  bal¬ 
lots  shall  only  be  so  examined  and  referred  to  in  the  presence  of  the  officer  having  the 
custody  thereof. 

103.  Poll  Book  Certified.]  §  61.  When  the  votes  shall  have  been  examined 
and  counted,  the  clerks  shall  set  down  in  their  poll  books  the  name  of  every  person  voted 
for,  written  at  full  length,  the  office  for  which  such  person  received  such  votes,  and  the 
number  he  did  receiye,  the  number  being  expressed  in  words  at  full  length  ;  such  entry 
to  be  made,  as  nearly  as  circumstances  will  admit,  in  the  following  form,  to-wit : 

At  an  election  held  at  ...  in  the  county  of  .  .  .  and  state  of  Illinois,  on  the  .  .  .  day 

.  .  .  a.  d.  18  .  .  the  following  named  persons  received  the  number  of  votes  annexed  to  their  respec¬ 

tive  names,  for  the  following  described  offices,  to-wit :  (name  of  candidate)  had  (number  of  votes)  for 
(title  of  office),  (and  in  the  same  manner  for  any  other  persons  voted  for).  Certified  by  us  : 

A  ...  B  ...  ) 

Attest:  G  .  .  .  H  .  .  .  I  clerks  of  eleCtion.  g  ■  •  '•  g  •  •  •  J^ges  of  election. 

164.  Delivered  to  County  Clerk.]  §  62.  Such  certificate,  together  with  one  of 
the  lists  of  voters,  and  one  of  the  tally  papers,  having  been  carefully  enveloped  and  sealed 
up,  shall  be  put  into  the  hands  of  one  of  the  judges  or  board  of  election,  who  shall,  within 
four  days  thereafter,  deliver  the  same  to  the  county  clerk  or  his  deputy,  at  the  office 
of  said  county  clerk  ;  and  when  received,  such  clerk  or  deputy  shall  proceed  to  open, 
canvass  and  publish  the  return  from  each  precinct  or  election  district,  as  provided 
by  law. 

16a>.  Mileage:  Per  Diem.]  §  63.  The  judges  and  clerks  of  election  shall  be 
allowed  the  sum  of  $3.  each  per  day  for  their  services  in  attending  each  election ;  and 
the  judge  who  carries  the  said  returns  to  the  county  clerk  shall  also  receive  five  cents  per 
mile,  each  way. 

166.  Challengers  Allowed.]  §  64.  The  judges  of  election  shall  allow  at  least 
one,  and  not  more  than  two  legal  voters  of  each  party  to  the  contest,  to  be  chosen  by  the 
parties  respectively,  into  the  room  where  the  election  is  held,  to  act  as  challengers  of 
voters  at  such  election,  and  such  challengers  may  remain  with  the  board  of  election  until 
the  votes  are  all  canvassed  and  the  result  declared. 

qualification  of  voters. 

« 

167.  Qualifications  of  Voter.]  §  65.  Every  person  having  resided  in  this  state 
one  year,  in  the  county  90  days,  and  in  the  election  district  30  days  next  preceding  any 
election  therein,  who  was  an  elector  in  this  state  on  the  first  day  of  April,  a.  d.  1848,  or 
obtained  a  certificate  of  naturalization  before  any  court  of  record  in  this  state  prior  to  the 
first  day  of  January,  a.  d.  1870,  or  who  shall  be  a  male  citizen  of  the  United  States, 
above  the  age  of  21  years,  shall  be  entitled  to  vote  at  such  election. 

168.  Permanent  Abode.]  §  66.  A  permanent  abode  is  necessary  to  constitute  a 
residence  within  the  meaning  of  the  preceding  section. 

166.  Challenge  :  Oath  Required.]  §  67.  Whenever,  at  any  general  or  special 
election,  in  any  precinct,  district,  city,  village,  town  or  ward,  any  person  offering  to  vote 
is  not  personally  known  to  the  judges  of  election  to  have  the  qualifications  mentioned  in 
the  two  preceding  sections,  if  his  vote  is  challenged  by  a  legal  voter  at  such  election,  he 
shall  make  and  subscribe  an  affidavit,  in  the  following  form,  which  shall  be  retained  by 
the  judges  of  election,  and  returned  by  them  with  the  poll  books : 

•  176.  Form  of  the  Oath.] 

State  of  Illinois,  County  of  Cook,  ss.  I, . do  solemnly  swear  (or  affirm)  that  I  am  a 

citizen  of  the  United  States,  (or,  “  that  I  was  an  elector  on  the  first  day  of  April,  a.  d.  1848,”  or,  “  that  I 
obtained  a -certificate  of  naturalization  before  a  court  of  record  in  this  state  prior  to  the  first  day  of  January, 
A.  d.  1870,”  as  the  case  may  be,)  that  1  have  resided  in  this  state  one  year,  in  this  county  90  days,  and  in 
this  election  district  30  days  next  preceding  this  election;  that  I  now  reside  at  (here  give  the  particular 


Chap.  37. 


171—179. 


148 


Elections. 


Consolidated.  Act  of  1872. 


house  or  place  of  residence,  and,  if  in  a  town  or  city,  the  street  and  number,)  in  this  election  district ;  that 
I  am  21  years  of  age,  and  have  not  voted  at  this  election  :  so  help  me  God,  (or,  “  this  I  do  solemnly  and 
sincerely  affirm,”  as  the  case  may  be.)  . 

Subscribed  and  sworn  to  before  me,  this  .  .  .  day  of  ...  a.  d.  18 . 

171.  Oath  of  A  Witness.]  §  68.  In  addition  to  such  an  affidavit,  the  person  so 
challenged  shall  produce  a  witness,  personally  known  to  the  judges  of  election,  and  resi¬ 
dent  in  the  precinct  or  district,  or  who  shall  be  proved  by  some  legal  voter  of  such  pre¬ 
cinct  or  district,  known  to  the  judges  to  be  such,  who  shall  take  the  oath  following,  viz  : 

I  do  solemnly  swear  (or  affirm)  that  I  am  a  resident  of  this  election  precinct  (or  district:),  and  entitled  to 
vote  at  this  election,  and  that  I  have  been  a  resident  herein  for  one  year  last  passed,  and  am  well  acquainted 
with  the  person  whose  vote  is  now  offered ;  that  he  is  an  actual  and  bona  fide  resident  of  this  election  pre¬ 
cinct  (or  district),  and  has  resided  herein  30  days,  and,  as  I  verily  believe,  in  this  county  90  days  and  in 
this  state  one  year  next  preceding  this  election.  . 

ITS.  Administering  Oath.]  §  69.  The  oath,  in  each  case,  may  be  administered  by 
either  of  the  judges  of  election,  or  by  any  officer,  resident  in  the  precinct  or  district, 
authorized  by  law  to  administer  oaths. 

173.  P  penitentiary  Convict.]  §  70.  No  person  who  has  been  legally  convicted  of 
any  crime,  the  punishment  of  which  is  confinement  in  the  penitentiary,  shall  be  permitted 
to  vote  at  any  election,  unless  he  shall  be  restored  to  the  right  to  vote  by  pardon. 

CANVASSING  VOTES  :  CERTIFICATE  OF  ELECTION. 

174.  A  bstracts  of  .Votes.]  §  71.  Within  seven  days  after  the  close  of  the  elec¬ 
tion,  the  county  clerks  of  the  respective  counties,  with  the  assistance  of  two  justices  of 
the  peace  of  the  county,  shall  open  the  returns  and  make  abstracts  of  the  votes  in  the 
following  manner,  as  the  case  may  require  :  Of  votes  for  governor  and  lieutenant  governor, 
on  one  sheet ;  of  votes  for  other  state  officers,  on  another  sheet ;  of  votes  for  presidential 
electors,  on  another  sheet ;  of  votes  for  representatives  to  congress,  on  another  sheet ;  of 
votes  for  judges  of  the  supreme  court,  on  another  sheet ;  of  votes  for  clerks  of  the  su¬ 
preme  court,  on  another  sheet;  of  votes  for  judges  of  the  circuit  court,  on  another  sheet; 
of  votes  for  senators  and  representatives  to  the  general  assembly,  on  another  sheet ;  of 
votes  for  members  of  the  state  board  of  equalization,  on  another  sheet ;  of  votes  for  county 
officers,  on  another  sheet.  The  foregoing  abstracts  shall  be  preserved  by  the  county  clerk 
in  his  office. 

175.  Certificates  of  Election.]  §  72.  The  county  clerk  shall  make  out  a  cer¬ 
tificate  of  election  to  each  of  the  persons  having  the  highest  number  of  votes,  for  the 
several  county  offices,  and  deliver  such  certificate  to  the  person  entitled  to  it,  on  his  appli¬ 
cation. 

17(5.  Tie  Decided  by  Lot.]  §  73.  When  two  or  more  persons  receive  an  equal 
and  the  highest  number  of  votes  for  an  office  to  be  filled  by  the  county  alone,  the  county 
clerk  shall  issue  a  notice  to  such  persons  of  such  tie  vote,  and  require  them  to  appear  at 
his  office,  on  a  day  named  in  the  notice,  within  10  days  from  the  day  of  election,  and  de¬ 
termine  by  lot  which  of  them  is  to  be  declared  elected. 

177.  Mode  of  Drawing.]  §  74.  On  the  day  appointed,  the  clerk  and  other  can¬ 
vassers,  or,  in  case  of  their  absence,  the  state’s  attorney  or  sheriff  shall  attend,  and  the 
parties  interested  shall  appear  and  determine  by  lot  which  of  them  is  to  be  declared 
elected  ;  and  the  clerk  shall  issue  his  certificate  of  election  to  the  person  thus  declared 
elected. 

178.  Pay  of  Judges  and  Clerks.]  §  75.  It  shall  be  the  duty  of  the  county  clerk, 
on  the  receipt  of  the  election  returns  of  any  general  or  special  election,  to  make  out  his 
certificate,  stating  the  compensation  to  which  the  judges  and  clerks  of  each  election  may 
be  entitled  for  their  services,  and  lay  the  same  before  the  county  board  at  its  next  ses¬ 
sion  ;  and  said  board  shall  order  the  compensation  aforesaid  to  be  paid  out  of  the  county 
treasury. 

179.  Abstracts  sent  to  Secretary.]  §76.  Immediately  after  the  completion  of 

the  abstracts  of  votes,  the  county  clerk  shall  envelope  and  seal  up  a  copy  of  the  abstracts 
of  votes  for  governor,  lieutenant  governor,  secretary  of  state,  auditor  of  public  accounts, 
treasurer,  attorney  general,  and  superintendent  of  public  instruction,  and  indorse  upon  it 
in  substance,  “Abstracts  of  votes  for  state  officers  from  .  .  .  county,”  and  address  it 

“  The  speaker  of  the  house  of  representatives.”  The  county  clerk  shall,  at  the  same  time 
envelope  and  seal  up  a  copy  of  each  of  the  abstracts  of  votes  for  other  officers,  and  in* 


Chap.  37. 


180—187. 


149 


Elections. 


Consolidated  Act  of  1872. 


dorse  the  same  so  as  to  show  the  contents  of  the  package,  and  direct  the  same  to  the 
secretary  of  state.  The  several  packages  shall  then  be  placed  in  one  envelope  and  ad¬ 
dressed  to  the  secretary  of  state. 

18®.  How  Transmitted.]  §  77.  Such  abstracts  shall  be  transmitted  to  the  secre¬ 
tary  of  state  by  mail,  or,  in  case  it  shall  be  necessary,  by  special  messenger. 

181.  Canvassing  the  Votes.]  §  78.  The  secretary  of  state,  auditor,  treasurer  and 
attorney  general,  or  any  two  of  them'  in  the  presence  of  the  governor,  shall  proceed, 
within  20  days  after  the  election,  and  sooner,  if  all  the  returns  are  received,  to  canvass 
the  votes  given  for  representatives  to  congress,  judges  of  the  supreme  court,  clerks  of  the 
supreme  court,  judges  of  the  circuit  court,  senators,  representatives  to  the  general  assem¬ 
bly,  and  members  of  the  state  board  of  equalization,  respectively  ;  and  the  persons  having 
the  highest  number  of  votes  for  the  respective  offices  shall  be  declared  duly  elected  ; 

189.  Tie  Decided  by  Lot.]  But  if  it  appears  that  more  than  the  number  of  per¬ 
sons  to  be  elected  have  the  highest  and  an  equal  number  of  votes  for  the  same  office,  the 
secretary  of  state,  in  the  presence  of  the  other  officers  and  the  governor,  shall  decide  by 
lot  which  of  such  persons  shall  be  elected ;  and  to  each  person  duly  elected,  the  governor 
shall  give  a  certificate  of  election  or  commission,  as  the  case  may  require,  and  shall  cause 
proclamation  to  be  made  of  the  result  of  the  canvass. 

offenses  and  penalties. 

183.  Sale  of  Liquor  :  Closing  Saloons.]  §  79.  No  spirituous,  malt,  vinous  or 
intoxicating  liquor  shall  be  sold  or  given  away  at  retail,  nor  shall  any  saloon  or  bar  room, 
or  place  where  such  liquor  is  so  sold  or  given  away,  be  open  upon  any  general  or  special 
election  day  within  one  mile  of  the  place  of  holding  an  election.  Whoever  violates  the 
provisions  of  this  section  shall  be  fined  in  a  sum  not  less  than  $25.  nor  more  than  $100. 
It  shall  be  the  duty  of  the  sheriff,  coroner,  constables  and  other  officers  of  the  county,  and 
magistrates,  to  see  that  the  provisions  of  this  section  are  enforced. 

184:.  Swearing  Falsely.]  §  80.  If  any  person  whose  vote  is  challenged,  or  any 
witness  sworn  under  the  provisions  of  this  act,  shall,  knowingly,  wilfully  and  corruptly, 
swear  falsely,  he  shall  be  deemed  guilty  of  perjury,  and  on  conviction  thereof  shall  be 
punished  accordingly. 

185.  Voting  Unlawfully.]  §  81.  Whoever  unlawfully  votes  more  than  once  at 
any  election,  or  offers  to  vote  after  having  once  voted  at  such  election  ;  or  knowing  that 
he  is  not  a  qualified  voter  at  an  election,  wilfully  votes  at  such  election,  shall,  on  convic¬ 
tion  thereof,  be  fined  in  a  sum  not  exceeding  $1,000.,  or  imprisoned  in  the  county  jail  not 
exceeding  one  year,  or  both,  in  the  discretion  of  the  court. 

18©.  Sundry  Offenses  Punished.]  §  82.  Whoever  wilfully  aids  or  abets  any  one 
not  legally  qualified  to  vote  at  an  election,  in  voting  or  attempting  to  vote  at  such  election  ; 
or,  2.  Furnishes  an  elector  with  a  ticket  or  ballot  informing  him  that  it  contains  a  name 
different  from  that  which  appears  thereon,  with  intent  to  induce  him  to  vote  contrary  to 
liis  inclination  ;  or,  3.  Fraudulently  or  deceitfully  changes  a  ballot  of  an  elector,  with  in¬ 
tent  to  deprive  such  elector  of  voting  for  such  person  as  he  intended  ;  or,  4.  Endeavors  to 
procure  the  vote  of  any  elector,  or  the  influence  of  any  person  over  an  elector  at  any  elec¬ 
tion,  for  himself  or  for  or  against  any  person,  by  means  of  a  promise  of  a  favor,  or  by 
means  of  violence  or  threats  of  violence,  or  threats  of  withdrawing  custom  or  dealing  in 
business  or  trade,  or  enforcing  the  payment  of  a  debt,  or  bringing  a  suit  or  criminal  prose¬ 
cution,  or  any  other  threat  of  injury  to  be  inflicted  by  him  or  his  means;  or,  5.  By  offer¬ 
ing  a  reward  or  bribe,  or  by  treating  to  or  giving  spirituous,  malt,  or  other  liquor,  either 
directly  or  indirectly,  influences  or  attempts  to  influence  any  voter  in  giving  or  withhold¬ 
ing  his  vote  at  an  election  ;  or,  6.  By  bribery,  or  by  corrupt  or  unlawful  means,  prevents 
or  attempts  to  prevent  any  voter  from  attending  or  voting  at  an  election  ;  or,  7.  Gives  or 
offers  to  give  any  valuable  thing  or  bribe  to  any  judge  or  clerk  of  election,  as  a  considera¬ 
tion  for  some  act  to  be  done  or  omitted  to  be  done,  contrary  to  his  official  duty,  in  relation 
to  such  election,  shall,  on  conviction  thereof,  be  fined  in  a  sum  not  exceeding  $1,000., 
or  imprisoned  in  the  county  jail  not  exceeding  one  year,  or  both,  in  the  discretion  of  the 
court.  .  » 

187.  Soliciting  or  Receiving  Bribe.]  §  83.  Whoever  receives,  requests  or  de¬ 
mands  any  bribe  or  reward  forbidden  by  this  act  to  be  given,  shall  be  liable  to  the  same 
penalties  as  are  prescribed  in  this  act  for  giving  such  bribe  or  reward. 


Chap.  37.  §§  188—197. 


150 


Elections. 


Consolidated  Act  of  1872. 


188.  Disorderly  Conduct.]  §  84.  Whoever  is  disorderly  at  any  election  shall  for¬ 
feit  a  sum  not  exceeding  $25. 

189.  Bet  ting  on  Election.]  §  85.  Whoever  bets  or  wagers  any  money,  property 
or  other  valuable  thing,  upon  the  result  of  an  election  which  may  be  held  under  the  con¬ 
stitution  or  laws  of  this  state,  or  bets  or  wagers  money,  property,  or  other  valuable  thing, 
upon  the  number  of  votes  which  may  be  given  to  any  person  at  an  election,  or  upon  who 
will  receive  the  greatest  number  of  votes  at  an  election  ;  or  agrees  to  pay  any  other  per¬ 
son  any  money,  property  or  other  valuable  thing,  in  the  event  that  an  election  shall  re¬ 
sult  in  one  way,  or  in  the  event  that  any  person  shall  or  shall  not  be  elected,  or  shall 
receive  a  greater  number  of  votes  than  others,  upon  conviction  thereof  he  shall  be  fined 
in  a  sum  not  exceeding  $1,000.,  or  imprisoned  in  the  county  jail  not  exceeding  one  year, 
or  both,  in  the  discretion  of  the  court. 

190.  Offe  nses  by  Judges.]  §  86.  If  any  judge  of  any  election  shall  permit  a  per¬ 
son  to  vote  whose  vote  is  challenged,  without  the  proof  required  in  this  act ;  or,  2.  Shall 
knowingly  and  wilfully  permit  a  person  to  testify  as  a  witness  contrary  to  the  provisions  of 
this  act;  or,  3.  Shall  knowingly  permit  a  person  to  vote  who  is  not  qualified  according  to 
law ;  or,  4.  Shall  knowingly  receive  and  count  more  than  one  vote  from  the  same  person  at 
the  same  election  for  the  same  office,  except  as  allowed  by  law  ;  or,  5.  Shall  refuse  to  re 
ceive  the  vote  of  a  qualified  elector  at  such  election,  who  will  make  the  affidavit  and  proof 
required  by  this  act;  or,  6.  Shall  be  guilty  of  any  fraud,  corruption,  partiality  or  manifest 
misbehavior ;  or,  7.  Shall  open  or  unfold  any  ballot  when  the  same  is  presented  to  be 
deposited  in  the  ballot  box;  or,  8.  Shall  wilfully  neglect  to  perform  any  of  the  duties  re¬ 
quired  of  him  by  this  act,  shall,  on  conviction  thereof,  be  fined  in  a  sum  not  exceeding 
$1,000.,  or  imprisoned  in  the  county  jail  hot  exceeding  one  year,  or  both,  in  the  discretion 
of  the  court. 

191.  Officer  Revealing  Vote.]  §  87.  If  any  judge  or  clerk  of  election  shall  wil¬ 
fully  or  corruptly  ascertain,  by  comparison  of  the  poll  book  with  the  ballot,  or  shall  allow 
any  other  person  to  ascertain  by  such  comparison  or  otherwise,  or  shall  wilfully  publish  or 
reveal  how  any  elector  voted  at  an  election,  he  shall,  on  conviction  thereof,  be  fined  in  any 
sum  not  exceeding  $1,000.,  or  imprisoned  in  the  county  jail  not  exceeding  one  year,  or 
both,  in  the  discretion  of  the  court. 

192.  Vote  Otherwise  Revealed.]  §  88.  If  any  person  shall  wilfully  or  corruptly 
ascertain  or  publish,  or  reveal  how  any  elector  voted  at  an  election,  he  shall,  on  convic¬ 
tion  thereof,  be  fined  in  any  sum  not  exceeding  $1,000.,  or  imprisoned  in  the  county  jail 
not  exceeding  one  year,  or  both,  in  the  discretion  of  the  court. 

193.  Clerk  Neglecting  Duty.]  §  89.  If  any  clerk  of  an  election  shall  wilfully 
neglect  to  perform  any  duty  required  of  him  as  clerk  of  election,  or  shall  be  guilty  of 
fraud,  corruption  or  misbehavior  as  such  clerk,  he  shall,  on  conviction,  be  fined  in  a  sum 
not  exceeding  $500.,  or  imprisoned  in  the  county  jail  not  exceeding  six  months,  or  both, 
in  the  discretion  of  the  court. 

194.  FAilure  to  Deliver  Poll  Books.]  §90.  If  any  judge,  clerk  or  messenger, 
after  having  been  deputed  by  the  judges  of  election  to  carry  the  poll  books,  tally  list  and 
votes  of  such  election  to  the  place  where,  by  law,  they  are  required  to  be  canvassed,  wil¬ 
fully  or  negligently  fails  to  deliver  such  poll  books,  tally  list  or  ballots  within  the  time 
prescribed  by  law,  with  the  seal  unbroken,  he  shall,  upon  conviction,  be  fined  in  a  sum 
not  exceeding  $500.,  or  imprisoned  in  the  county  jail  not  exceeding  six  months,  or  both, 
in  the  discretion  of  the  court. 

193.  County  Clerk  Failing.]  §  91.  If  the  county  clerk  wilfully  neglects  or  re¬ 
fuses  to  perform  any  duty  required  of  him  by  this  act,  he  shall,  upon  conviction,  be  fined 
in  a  sum  not  exceeding  $500.,  and  shall  be  liable  to  the  person  injured  by  reason  of  such 
neglect  or  refusal,  in  an  amount  not  exceeding  $500.,  to  be  recovered  in  an  action  on  the 
case. 

196.  Fraud:  Corruption:  Misbehavior.]  §92.  If  any  county  clerk  or  justice  of 
the  peace  shall  be  guilty  of  any  fraud,  corruption  or  misbehavior,  in  canvassing  the  votes 
or  making  any  abstract  of  votes,  or  issuing  any  certificate  of  election,  he  shall,  on  con¬ 
viction,  be  fined  in  any  sum  not  exceeding  $500.,  or  imprisoned  in  the  county  jail  not 
exceeding  one  year,  or  both,  in  the  discretion  of  the  court. 

197.  I  njuring  or  Destroying  Poll  Book.]  §  93.  Whoever  shall  wilfully  and 
wrongfully  take  or  carry  away  from  the  place  where  it  has  been  deposited  for  safe  keep 


Chap.  37. 


198 — 210. 


151 


Elections. 


Consolidated  Act  of  1872. 


ing,  or  deface,  mutilate  or  change  any  poll  book,  ballot  or  tally  list  or  any  name  or  figure 
therein,  shall,  on  conviction,  be  fined  in  a  sum  not  exceeding  $1,000.,  or  imprisoned  in 
the  county  jail  not  exceeding  one  year,  or  both,  in  the  discretion  of  the  court. 

CONTESTING  ELECTIONS. 

14)8.  Governor:  Lieutenant  Governor:  Secretary:  Auditor:  Treasurer: 
Superintendent:  Attorney  General.]  §  94.  The  legislature  in  joint  meeting  shall 
hear  and  determine  cases  of  contested  elections  of  governor  and  lieutenant  governor, 
secretary  of  state,  auditor  of  public  accounts,  treasurer,  superintendent  of  public  instruc¬ 
tion,  and  attorney  general.  The  meeting  of  the  two  houses,  to  decide  upon  such  elections, 
shall  be  held  in  the  hall  of  the  house  of  representatives,  and  the  speaker  of  the  house 
shall  preside. 

IfM).  Senators:  Representatives.]  §  95.  The  senate  and  house  of  representatives 
shall  severally  hear  and  determine  contests  of  the  election  of  their  respective  members. 

200.  Judges:  Supreme  Clerks:  Board  of  Equalization.]  §96.  The  supreme 
court  shall  hear  and  determine  contests  of  the  election  of  judges  of  the  supreme  court, 
clerks  of  the  supreme  court,  judges  of  the  circuit  court,  judges  of  the  superior  court  of 
Cook  county,  members  of  the  state  board  of  equalization;  but  no  judge  of  the  supreme 
court  shall  sit  upon  the  hearing  of  any  case  in  which  he  is  a  party. 

201.  County  Judges:  Removing  County  Seats.]  §97.  The  circuit  courts  of  the 
respective  counties  shall  hear  and  determine  contests  of  the  election  of  the  judges  of  the 
county  court  of  their  counties,  and  in  regard  to  the  removal  of  county  seats,  and  in  re¬ 
gard  to  any  other  subject  which  may  by  law  be  submitted  to  the  vote  of  the  people  of  the 
county. 

24)2.  County  and  Township  Officers.]  §  98.  The  county  court  shall  hear  and 
determine  contests  of  election  of  all  other  county,  township  and  precinct  officers,  and  all 
other  officers  for  the  contesting  of  whose  election  no  provision  is  made. 

2®3.  State  Officers  :  Notice.]  §  99.  When  any  elector  shall  desire  to  contest  the 
election  of  governor,  lieutenant  governor,  secretary  of  state,  auditor  of  public  accounts, 
treasurer,  superintendent  of  public  instruction,  or  attorney  general,  he  shall,  within  10 
days  after  the  result  of  the  election  shall  have  been  determined,  present  a  petition  to  the 
general  assembly,  setting  forth  the  points  on  which  he  will  contest  such  election,  and 
praying  for  leave  to  produce  his  proof. 

Committee  to  Take  Testimony.]  §  100.  The  general  assembly  shall  appoint 
a  joint  committee  to  take  the  testimony  on  the  part  of  the  petitioner,  and  the  person 
whose  place  is  contested. 

20«I.  Power  of  Committee.]  §  101.  The  committee  so  appointed  shall  have 
power  to  send  for  witnesses,  and  compel  the  attendance  of  witnesses  and  the  produc¬ 
tion  of  papers,  issue  commissions  under  the  hand  of  its  chairman,  to  any  officer  au¬ 
thorized  to  take  depositions  in  other  cases,  to  take  the  deposition  of  witnesses  upon 
the  points  set  forth  in  the  petition,  at  such  time  and  place  as  the  commission  shall 
direct. 

206.  Notice:  Taking  Depositions.]  §  102.  Reasonable  notice  shall  be  given  by 
the  party  in  whose  favor  the  deposition  is  to  be  taken,  to  the  opposite  party,  of  the  time 
and  place  of  taking  the  same. 

24)7.  Points  in  the  Petition.]  §  103.  No  testimony  shall  be  taken  except  upon 
the  points  set  forth  in  the  petition. 

208.  Facts  Reported:  The  Hearing.]  §  104.  The  committee  shall  report  the 
facts  to  the  house,  and  a  day  shall  be  fixed  by  a  joint  resolution  for  the  meeting  of  the 
two  houses  to  decide  upon  the  same,  in  which  decision  the  yeas  and  nays  shall  be  taken 
and  entered  upon  the  journal. 

200.  Senator  or  Representative  Contested.]  §  105.  The  election  of  any 
member  declared  duly  elected  to  a  seat  in  the  senate  or  house  of  representatives  of  the 
general  assembly,  may  be  contested  by  any  qualified  voter  of  the  county  or  district  to  be 
represented  by  such  senator  or  representative. 

210.  Notice  of  the  Contest.]  §  106.  The  contestant  shall,  within  30  days  after 
the  result  of  the  election  shall  have  been  determined,  serve  on  the  person  whose  election 
he  will  contest,  a  notice  of  his  intention  to  contest  such  election,  expressing  the  points  on 
which  the  same  will  be  contested ;  and  shall,  also,  on  or  before  the  next  session  of  the 


Chap.  37.  §§  211—222. 


152 


Elections. 


Consolidated  Act  of  1872. 


general  assembly,  deliver  a  copy  of  such  notice  to  the  secretary  of  state.  In  case  the 
person  whose  election  is  contested  is  absent,  or  cannot  be  found,  service  may  be  had  by 
leaving  a  copy  of  such  notice  at  his  usual  place  of  residence. 

211.  N  otice:  Taking  Testimony.]  §  107.  Whenever  a  notice  shall  have  been 
given  of  intention  to  contest  an  election,  as  provided  in  the  preceding  section,  either  party 
may  proceed  to  take  testimony  of  any  witness  before  any  judge,  justice  of  the  peace,  clerk 
of  a  court,  master  in  chancery,  or  notary  public,  on  giving  to  the  adverse  party  or  his  at¬ 
torney,  10  days’  notice  of  the  time  and  place  of  taking  the  same,  and  one  day  in  addition 
thereto  (Sunday  inclusive)  for  every  50  miles’  travel  from  the  place  of  residence  of  such 
party  to  the  place  where  such  deposition  is  to  be  taken.  If  the  party  entitled  to  notice 
resides  in  the  county  where  the  deposition  is  to  be  taken,  five  days’  notice  shall  be  suf¬ 
ficient. 

212.  Papers  Produced:  Witnesses.]  §108.  The  officer  before  whom  depositions 
are  taken  shall  have  power  to  compel  the  production  of  papers,  and  the  attendance 
of  witnesses;  and  the  same  proceedings  may  be  had  to  compel  the  attendance  of  wit¬ 
nesses  as  are  provided  in  the  cases  of  taking  depositions  to  be  used  in  courts  of  law  and 
equity. 

21*1.  Depositions  Sent  to  Secretary.]  §  109.  A  copy  of  the  notice  to  take 
depositions,  with  proof  of  the  service  thereof,  with  the  deposition,  shall  be  sealed  up  and 
transmitted  by  mail,  or  otherwise,  to  the  secretary  of  state,  with  an  indorsement  thereon, 
showing  the  names  of  the  contesting  parties,  the  office  contested,  and  the  nature  of  the 
papers. 

214.  Duty  of  the  Secretary.]  §  110.  The  secretary  of  state  shall  deliver  the 
copy  of  the  notice  deposited  with  him  by  the  contestant,  and  the  depositions,  unopened, 
to  the  presiding  officer  of  the  branch  of  the  general  assembly  to  which  the  contest  re¬ 
lates,  on  or  before  the  second  day  of  its  session  next  after  the  receipt  of  the  same  ;  and 
the  presiding  officer  shall  immediately  give  notice  to  his  house  that  such  papers  are  in  his 
possession. 

21o.  Further  Testimony  Taken.]  §  111.  Nothing  herein  contained  shall  be  con¬ 
strued  to  abridge  the  right  of  either  branch  of  the  general  assembly  to  grant  commissions 
to  take  depositions,  or  to  send  for  and  examine  any  witnesses  it  may  desire  to  hear  on 
such  trial.  N 

21<S.  Elector  may  Contest.]  §  112.  The  election  of  any  person  declared  elected 
to  any  office  other  than  governor,  lieutenant  governor,  secretary  of  state,  auditor  of  public 
accounts,  treasurer,  superintendent  of  public  instruction,  attorney  general,  senator  or  rep¬ 
resentative,  may  be  contested  by  any  elector  of  the  state,  judicial  division,  district,  county, 
town  or  precinct  in  and  for  which  the  person  is  declared  elected. 

217.  Notice  of  Contest.]  §  113.  The  person  desiring  to  contest  such  election 
shall,  within  30  days  after  the  person  whose  election  is  contested  is  declared  elected,  file 
with  the  clerk  of  the  proper  court  a  statement,  in  writing,  setting  forth  the  points  on  which 
he  will  contest  the  election,  which  statement  shall  be  verified  by  affidavit  in  the  same 
manner  as  bills  in  chancery  may  be  verified. 

218.  Summons  Issued:  Service.]  §  114.  Upon  the  filing  of  such  statement,  sum¬ 
mons  shall  issue  against  the  person  whose  office  is  contested,  and  he  may  be  served 
with  process,  or  notified  to  appear  in  the  same  manner  as  is  provided  in  cases  in 
chancery. 

'219.  Evidence  Taken.]  §  115.  Evidence  may  be  taken  in  the  same  manner,  and 
upon  like  notice,  as  in  cases  in  chancery. 

220.  The  Trial.]  §  116.  The  case  shall  be  tried  in  like  manner  as  cases  in  chancery. 

221.  Any  other  Elections  Contested.]  §  117.  Any  five  electors  of  the  county 
may  contest  an  election  upon  any  subject  which  may  by  law  be  submitted  to  a  vote  of  the 
people  of  the  county,  upon  filing  in  the  circuit  court,  within  30  days  after  the  result  of 
the  election  shall  have  been  determined,  a  written  statement  in  like  form  as  in  other  cases 
of  contested  elections  in  the  circuit  court.  The  county  shall  be  made  defendant,  and  pro¬ 
cess  shall  be  served  as  in  suits  against  the  county ;  and  like  proceedings  shall  be  had  as 
in  other  cases  of  contested  elections  before  such  court. 

222.  County  Not  Defending.]  §  118.  In  case  the  county  board  shall  fail  or 
refuse  properly  to  defend  such  contest,  the  court  shall  allow  any  one  or  more  electors  of 
the  county  to  appear  and  defend,  in  which  case  the  electors  so  defending  shall  be  liable 
for  the  costs  in  case  the  judgment  of  the  court  shall  be  in  favor  of  the  contestant 


Chap.  37.  §§  223—233. 


153 


Elections. 


Consolidated  Act  of  1872. 


993.  Judgment  After  Contest.]  §  119.  The  judgment  of  the  court,  in  cases  of 
contested  election,  shall  confirm  or  annul  the  election  according  to  the  right  of  the  mat¬ 
ter  ;  or,  in  case  the  contest  is  in  relation  to  the  election  of  some  person  to  an  office,  shall 
declare  as  elected  the  person  who  shall  appear  to  be  duly  elected. 

994L.  Result  Being  a  Tie.]  §  120.  If  it  appears  that  two  or  more  persons  have, 
or  would  have  had  if  the  legal  ballots  cast  or  intended  to  be  cast  for  them  had  been 
counted,  the  highest  and  an  equal  number  of  votes  for  the  same  office,  the  persons  receiv¬ 
ing  such  votes  shall  decide  by  lot,  in  such  manner  as  the  court  shall  direct,  which  of  them 
shall  be  declared  duly  elected;  and  the  judgment  shall  be  entered  accordingly. 

99£i>.  Copy  of  Judgment.]  §  121.  A  certified  copy  of  the  judgment  of  the  courts 
shall  have  the  same  effect  as  to  the  result  of  the  election  as  if  it  had  been  so  declared  by 
the  canvassers. 

990.  Void  for  Disqualification.]  §  122.  When  the  person  whose  election  is 
contested  is  found  to  have  received  the  highest  number  of  legal  votes,  but  the  election  is 
declared  null  by  reason  of  legal  disqualification  on  his  part,  or  for  other  causes,  the  per¬ 
son  receiving  the  next  highest  number  of  votes  shall  not  be  declared  elected,  but  the 
election  shall  be  declared  void. 

997.  Appeals  Allowed.]  §  123.  In  all  cases  of  contested  elections  in  the  circuit 
courts  or  county  courts,  appeals  may  be  taken  to  the  supreme  court  in  the  same  manner, 
and  upon  like  conditions  as  is  provided  by  law  for  taking  appeals  in  cases  in  chancery 
from  the  circuit  courts. 

RESIGNATIONS  AND  VACANCIES. 

£§98.  Resignation:  To  Whom.]  §  124.  Resignations  of  elective  offices  shall  be 
made  to  the  officer,  court  or  county  board  authorized  by  law  to  fill  a  vacancy  in  such 
office  by  appointment,  or  to  order  an  election  to  fill  such  vacancy. 

990.  Vacancy:  How  Caused.]  §  125.  Every  elective  office  shall  become  vacant 
on  the  happening  of  either  of  the  following  events,  before  the  expiration  of  the  term  of 
such  office :  1.  The  death  of  the  incumbent.  2.  His  resignation.  3.  His  becoming  in- 
sane.  4.  His  ceasing  to  be  an  inhabitant  of  the  state  ;  or,  if  the  office  is  local,  his  ceas¬ 
ing  to  be  an  inhabitant  of  the  district,  county,  town  or  precinct  for  which  he  was  elected. 
5.  His  conviction  of  an  infamous  crime,  or  of  any  offense  involving  a  violation  of  official 
oath.  6.  His  removal  from  office.  7.  His  refusal  or  neglect  to  take  his  oath  of  office ; 
or  to  give  or  renew  his  official  bond,  or  to  deposit  or  file  such  oath  or  bond  within  the 
time  prescribed  by  law.  8.  The  decision  of  a  competent  tribunal  declaring  his  election 
void. 

930.  Existence  of  Vacancy  Determined.]  §  126.  Whenever  it  is  alleged  that 
a  vacancy  in  any  office  exists,  the  officer,  court,  or  county  board  whose  duty  it  is  to  fill 
the  vacancy  by  appointment,  or  to  order  an  election  to  fill  such  vacancy,  shall  have  power 
to  determine  whether  or  not  the  facts  occasioning  such  vacancy  exist. 

931.  Special  Election  :  Proclamation.]  §  127.  In  case  of  vacancies  in  .the 
offices  of  governor  and  lieutenant-governor,  the  officer  performing  the  duties  of  the  office 
of  governor  or  if  there  is  no  such  officer,  the  secretary  of  state  shall  issue  a  proclamation 
appointing  a  day  for  a  special  election  to  fill  such  vacancies  ;  and  shall  issue  a  writ  of 
election  to  the  county  clerks  of  the  several  counties  in  the  state,  and  shall  also,  when 
necessary,  call  a  special  session  of  the  general  assembly  to  canvass  the  votes  cast  at  such 
election ;  but  if  such  vacancies  shall  occur  not  more  than  90  days  before  a  general  elec¬ 
tion  for  members  of  the  legislature,  the  vacancies  shall  be  filled  at  such  general  election  ; 
in  which  case  no  special  session  of  the  general  assembly  to  canvass  the  votes  shall  be 
deemed  necessary. 

939.  Governor  to  Appoint.]  §  128.  When  a  vacancy  shall  occur  in  the  office  of 
secretary  of  state,  auditor  of  public  accounts,  treasurer,  attorney  general,  superintendent 
of  public  instruction,  or  member  of  the  state  board  of  equalization,  the  governor  shall  fill 
the  same  by  appointment,  and  the  appointee  shall  hold  his  office  during  the  remainder  of 
the  term,  and  until  his  successor  is  elected  and  qualified. 

933.  Sp  ecial  Election  Ordered.]  §  129.  When  a  vacancy  shall  occur  in  the 
office  of  senator  or  representative  in  the  general  assembly,  it  shall  be  the  duty  of  the 
county  clerk  of  the  county  in  which  the  member  whose  office  is  vacant  resided,  to  notify 
the  governor  of  such  vacancy.  Whereupon  the  governor  shall  issue  a  writ  of  election  to 


Chap.  37.  §§'234—239. 


154 


Elections 


Consolidated  Act  of  1872. 


the  county  clerk  or  clerks  of  the  county  or  counties  in  which  the  vacancy  is  to  be  filled, 
fixing  a  day  upon  which  an  election  shall  be  held  to  fill  such  vacancy;  but  unless  the 
general  assembly  shall  be  in  session  at  the  time  the  vacancy  occurs,  or  there  shall  be  a 
session  between  the  time  at  which  the  vacancy  occurs  and  the  next  succeeding  general 
election,  no  special  election  shall  be  ordered  to  fill  such  vacancy. 

•2JI4.  Member  of  Congress.]  §  130.  When  any  vacancy  shall  occur  in  the  office 
of  representative  in  congress  from  this  state,  the  governor  shall  issue  a  writ  of  election  to 
the  county  clerks  of  the  several  counties  in  the  district  where  the  vacancy  exists,  ap¬ 
pointing  a  day  to  hold  a  special  election  to  fill  such  vacancy. 

2:15.  Su  preme  and  Other  Judges.]  §  131.  When  a  vacancy  shall  occur  in  the 
office  of  judge  of  the  supreme  court,  judge  of  the  circuit  court,  judge  of  the  superior  court 
of  Cook  county,  or  judge  of  the  county  court,  the  clerk  of  the  court  in  which  the  vacancy 
exists  shall  notify  the  governor  of  such  vacancy.  If  such  vacancy  shall  occur  within  one 
year  before  the  expiration  of  the  term  of  the  office  made  vacant,  the  governor  shall  fill 
such  vacancy  bv  appointment,  but  if  the  unexpired  term  exceeds  one  year,  the  governor 
shall  issue  a  writ  of  election,  as  in  other  cases  of  vacancies,  to  be  filled  by  election. 

230.  Court  may  Appoint.]  §  132.  When  a  vacancy  shall  occur  in  the  office  of 
clerk  of  the  supreme  court,  clerk  of  the  circuit  court,  clerk  of  the  superior  court  of  Cook 
county,  or  clerk  of  the  county  court,  within  one  year  before  the  expiration  of  the  term  of 
an  office  made  vacant,  the  vacancy  shall  be  filled  by  appointment  by  the  court,  or  the 
judge  or  judges  of  the  court  to  which  the  office  appertains  ;  but  if  the  unexpired  term 
exceeds  one  year,  the  governor  shall  issue  a  writ  of  election,  as  in  other  cases  of  vacan¬ 
cies,  to  be  filled  by  election. 

237.  County  Board  to  Appoint.]  §  133.  When  a  vacancy  shall  occur  in  the  office 
of  county  commissioner,  state’s  attorney,  sheriff,  coroner,  county  clerk,  recorder  of  deeds, 
county  treasurer,  county  surveyor,  justice  of  the  peace,  constable,  or  other  county  or  pre¬ 
cinct  officer  not  otherwise  provided  for  by  law,  within  one  year  before  the  expiration  of 
the  term  of  such  vacant  office,  the  vacancy  shall  be  filled  by  appointment,  by  the  county 
board  of  the  county  in  which  the  vacancy  exists ;  but  if  such  unexpired  term  exceeds  one 
year,  the  county  clerk,  or  in  case  of  a  vacancy  in  his  office  the  chairman  of  the  county 
board,  shall  issue  an  order  appointing  a  day  for  an  election  to  fill  such  vacancy,  and  cause 
notice  thereof  to  be  given  as  in  other  cases  of  election. 

TO  WHAT  ELECTIONS  THIS  ACT  MAY  APPLY. 

238.  All  Elections  in  the  State.]  §  134.  The  provisions  of  this  act  shall  apply, 
as  far  as  practicable,  to  all  elections  in  the  state,  whether  general,  special,  local  or  munic¬ 
ipal,  except  so  far  as  they  are  modified  or  contravened  by  other  legal  enactments. 

REPEAL. 

239.  List  of  Repealed  Acts.]  §  135.  The  following  acts  are  hereby  repealed : 
Chapter  37  of  the  Revised  Statutes  of  1845,  entitled  u  Elections  ;”  1  an  act  entitled  “  An 
act  to  amend  the  seventh  section  of  the  37th  chapter  of  the  revised  laws  of  1845,  in  relation 
to  elections,” 2  approved  23  Feb.  1847  ;  an  act  entitled  “  An  act  to  provide  for  the  mode 
of  voting  by  ballot,  and  for  the  manner  of  returning,  canvassing  and  certifying  votes,”  8 
approved  12  Feb.  1849  ;  an  act  entitled  “  An  act  to  provide  for  the  filling  of  vacancies  in 
certain  county  offices,” 4  approved  6  Nov.  1849  ;  an  act  entitled  “  An  act  to  prevent  illegal 
voting  at  elections,”  5  approved  21  Feb.  1861;  an  act  entitled  “  An  act  to  provide  for 
ascertaining  the  qualification  of  voters,  and  to  prevent  fraudulent  voting,”  6  approved  22 

1  See  Vol.  1,  243  etc.  2  See  Yol.  1,  244  §  9.  The  title  of  this  act  is  incorrectly  recited  ;  it  reads :  “An 
act  to  amend  the  seventh  section  of  the  forty-seventh  chapter,”  etc.  See  Laws  of  1847,  47.  3  See  Yol.  1, 
243,  etc.  Many  portions  of  this  act  had  already  been  repealed  by  the  various  amendatory  laws.  4  See 
Yol.  1,  250  §  44.  6  See  Vol.  1,  254  §§  72  and  73.  6  See  Vol.  1,  245  §  18  ;  id.  246  §  22 ;  id.  247  §§  32  and 

33  ;  id.  254  §§  74  to  78. 

Three  of  the  acts  included  in  the  above  repeal  were  amended  by  two  sections  of  an  act  of  1865.  See 
Laws  of  1865,  58  §§  15  and  16.  And  also  Vol.  1,  245  §  19  ;  id.  254  §§  72  and  74.  Hut  the  amendatory 
act  of  1865  is  not  repealed.  Still,  as  this  new  act  seems  to  cover  the  whole  of  the  same  ground,  the  omis¬ 
sion  is  probably  of  little  importance.  Two  other  laws  are  here  left  unrepealed  which  are  worthy  of  atten¬ 
tion.  One  is  an  act  of  1865  which  provides,  among  other  things,  that  in  counties  under  township  organ¬ 
ization,  the  judges  of  election  shall  be  elected  at  the  town  meeting.  See  Vol.  1,  258  §§  95  to  97.  The 
)ther  is  an  act  of  1869,  extending  the  provisions  of  the  Criminal  Code  ti>  otfenses  at  certain  elections.  See 
Vol.  1,  258  §§  98  and  99. 


Chap. 


1—3. 


155 


Eminent  Domain. 


Compensation  Fixed  by  a  Jury  -  -  -  Parties  Defendant. 


Feb.  1861  ;  and  all  other  acts  inconsistent  with  the  provisions  of  this  act:  Provided ,  that 
this  section  shall  not  be  construed  so  as  to  affect  any  rights  or  causes  of  action  that  may 
have  accrued  before  this  act  shall  take  effect. 

The  registry  law  of  1865  is  not  incorporated  into  the  foregoing  act;  neither  is  it  repealed.  So  much 
of  it,  therefore,  as  is  not  inconsistent  with  the  new  act,  remains  in  force  as  before,  and  must  be  construed 
accordingly.  It  will  be  found  in  Yol.  1,  255  §§  79  to  94,  both  inclusive. 


EMINENT  DOMAIN. 

Former  legislation  on  this  subject  will  be  found  in  Volume  1,  under  the  title  Right  of  Way. 


§  1.  Compensation:  Hoiv  Ascertained. 
§  2.  Petition  to  the  Court. 

§  3.  The  Parties  Defendant. 

§  4.  Petition  by  the  State. 

§  5.  Presented  in  Vacation. 

§  6.  Service  and  Publication. 

§  7.  Time  of  the  Hearing. 

§  8.  Several  Tracts:  Amendments. 

§  9.  Nero  Party  Summoned. 

§10.  Selection  of  the  Jury. 

§11.  Challenges:  Filling  Jury. 


§12.  The  Oath  of  the  Jury. 

§13.  Examination:  Evidence:  Verdict. 
§14.  No  Benefits  Deducted. 

§15.  Order  of  the  Court. 

§16.  Cross  Petition  Filed. 

§17.  Appeals  Allowed. 

§18.  The  Bond  on  Appeal. 

When  made  :  Amount:  Approved. 
§19.  Payment  of  Compensation. 

§  20.  Record  of  Proceedings. 

§21.  Conflicting  Acts  Repealed. 


An  act  to  provide  for  the  exercise  of  the  right  of  eminent  domain. 

1872. 


Approved  10  April  1872.  In  force  1  July 


1.  Compensation:  ITow  Ascertained.]  §  1.  Private  property  shall  not  be  taken  or 
damaged  for  public  use  without  just  compensation,  and  *  in  all  cases  in  which'  com¬ 
pensation  is  not  made  by  the  state  in  its  corporate  capacity,  such  compensation  shall  be 
ascertained  by  a  jury,  as  hereinafter  prescribed. 

Petition  to  the  Court.]  §  2.  In  all  cases  where  the  right  to  take  private 
property  for  public  use,  without  the  owner’s  consent, -or  the  right  to  construct  or  maintain 
any  public  road,  railroad,  plank  road,  turnpike  road,  canal,  or  other  public  work  or  im¬ 
provement,  or  which  may  damage  property  not  actually  taken,  has  been  heretofore,  or 
shall  hereafter  be  conferred  by  general  law  or  special  charter  upon  any  corporate  or 
municipal  authority,  public  body,  officer  or  agent,  person,  commissioner  or  corporation, 
and  the  compensation  to  be  paid  for  or  in  respect  of  the  property  sought  to  be  appro¬ 
priated  or  damaged  for  the  purposes  above  mentioned,  cannot  be  agreed  upon  by  the 
parties  interested,  or  in  case  the  owner  of  the  property  is  incapable  of  consenting,  or  his 
name  or  residence  is  unknown,  or  he  is  a  non-resident  of  the  state,  it  shall  be  lawful  for 
the  party  authorized  to  take  or  damage  the  property  so  required,  or  to  construct,  operate 
and  maintain  any  public  road,  railroad,  plank  road,  turnpike  road,  canal  or  other  public 
work  or  improvement,  to  apply  to  the  judge  of  the  circuit  or  county  court,  either  in 
vacation  or  term  time,  where  the  said  property  or  any  part  thereof  is  situate,  by  filing 
with  the  clerk  a  petition,  setting  forth,  by  reference,  his  or  their  authority  in  the  premises, 
the  purpose  for  which  said  property  is  sought  to  be  taken  or  damaged,  a  description  of 
the  property,  the  names  of  all  persons  interested  therein  as  owners  or  otherwise,  as 
appearing  of  record,  if  known,  or  if  not  known,  stating  that  fact,  and  praying  such  judge 
to  cause  the  compensation  to  be  paid  to  the  owner  to  be  assessed. 

The  Parties  Defendant.]  If  the  proceedings  seek  to  affect  the  property  of 
persons  under  guardianship,  the  guardians  or  conservators  of  persons  having  conser¬ 
vators,  shall  be  made  parties  defendant,  and  if  of  married  women,  their  husbands  shall  also 
be  made  parties.  Persons  interested,  whose  names  are  unknown,  may  be  made  parties 
defendant  by  the  description  of  the  unknown  owners,  but  in  all  such  cases  an  affidavit 
shall  be  filed  by  or  on  behalf  of  the  petitioner,  setting  forth  that  the  names  of  such  per¬ 
sons  are  unknown. 


Chap. 


§§  4-15. 


156 


Eminent  Domain. 


Petition  by  the  State  -  -  -  Order  of  the  Court. 

4.  Petition  by  the  State.]  In  cases  where  the  property  is  sought  to  be  taken  or 
damaged  by  the  state  for  the  purpose  of  establishing,  operating  or  maintaining  any  state 
house  or  state  charitable  or  other  state  institutions  or  improvements,  the  petition  shall  be 
signed  by  the  governor  or  such  other  person  as  he  shall  direct,  or  as  shall  be  provided  by 
law. 

•>.  Presented  in  Vacation.]  §  3.  If  such  petition  be  presented  to  a  judge  in  vaca¬ 
tion,  the  judge  shall  note  thereon  the  day  of  presentation,  and  shall  also  note  thereon  the 
day  when  he  will  hear  the  same,  and  shall  order  the  issuance  of  summons  to  each  resident 
defendant,  and  the  publication  of  notice  as  to  each  non-resident  defendant,  and  the  clerk 
of  the  court  shall  at  once  issue  the  summons  and  give  the  notices  accordingly. 

6.  Service  and  Publication.]  §  4.  Service  of  such  summons  and  publication  of 
such  notice  shall  be  made  as  in  causes  in  chancery. 

7.  Time  op  the  Hearing.]  §  5.  Causes  may  be  heard  by  such  judges  in  vacation 
as  well  as  in  term  time,  but  no  cause  shall  be  heard  earlier  than  10  days  after  service 
upon  defendant,  or  upon  due  publication  against  non-residents. 

8.  Several  Tracts  :  Amendments.]  Any  number  of  separate  parcels  of  property, 
situate  in  the  same  county,  may  be  included  in  one  petition,  and  the  compensation  for 
each  shall  be  assessed  separately,  by  the  same  or  different  juries,  as  the  court  or  judge 
may  direct.  Amendments  to  the  petition,  or  to  any  paper  or  record  in  the  cause,  may  be 
permitted  whenever  necessary  to  a  fair  trial  and  final  determination  of  the  questions  in¬ 
volved. 

9.  New  Party  Summoned.]  Should  it  become  necessary  at  any  stage  of  the  pro 
ceedings  to  bring  a  new  party  before  the  court  or  judge,  the  court  or  judge  shall  have 
the  power  to  make  such  rule  or  order  in  relation  thereto  as  may  be  deemed  reasonable 
and  proper  ;  and  shall  also  have  power  to  make  all  necessary  rules  and  orders  for  notice 
to  parties  of  the  pendency  of  the  proceeding  and  to  issue  all  process  necessary  to  the 
execution  of  orders  and  judgments  as  they  may  be  entered. 

10.  Selection  op  the  Jury.]  §  6.  In  cases  fixed  for  hearing  of  petition  in  vacation, 
it  shall  be  the  duty  of  the  clerk  of  the  court  in  whose  office  the  petition  is  filed,  at  the 
time  of  issuing  summons  or  making  publication,  to  write  the  names  of  each  of  64  disin¬ 
terested  freeholders  of  the  county  on  64  slips  of  paper,  and  in  presence  of  two  disinter¬ 
ested  freeholders  cause  to  be  selected  from  said  64  names  12  of  said  persons  to  serve  as 
jurors,  such  selection  to  be  made  by  lot  and  without  choice  or  discrimination  ;  and  the 
said  clerk  shall  thereupon  issue  venire,  directed  to  the  sheriff  of  his  county,  commanding 
him  to  summon  the  12  persons  so  selected  as  jurors  to  appear  at  the  court-house  in  said 
countv,  at  a  time  to  be  named  in  the  venire. 

SI.  Challenges:  Filling  Jury.]  §7.  The  petitioner  and  every  party  interested  in 
the  ascertaining  of  compensation,  shall  have  the  same  right  of  challenge  of  jurors  as  in 
other  civil  cases  in  the  circuit  courts.  If  the  panel  be  not  full  by  reason  of  non-attend¬ 
ance,  or  be  exhausted  by  challenges,  the  judge  hearing  such  petition  shall  designate  by 
name  the  necessary  number  of  persons  of  proper  qualification,  and  the  clerk  or  justice 
shall  issue  another  venire  returnable  instanter,  and  until  the  jury  be  full. 

Oath  of  Jury.]  §  8.  When  the  jury  shall  have  been  so  selected,  the  court 
shall  cause  the  following  oath  to  be  administered  to  said  jury : 

You  and  each  of  you  do  solemnly  swear  that  you  will  well  and  truly  ascertain  and  report  just  compen¬ 
sation  to  the  owner  (and  each  owner)  of  the  property  which  it  is  sought  to  take  or  damage  in  this  case, 
and  to  each  person  therein  interested,  according  to  the  facts  in  the  case  as  the  same  may  be  made  to  ap¬ 
pear  by  the  evidence,  and  that  you  will  truly  report  such  compensation  so  ascertained  :  So  help  you  God. 

• 

13.  Examination:  Evidence:  Verdict.]  §  9.  Said  jury  shall,  at  the  request  of 
either  party,  go  upon  the  land  sought  to  be  taken,  or  damaged,  in  person,  and  examine 
the  same,  and  after  hearing  the  proof  offered  make  their  report  in  writing,  and  the  same 
shall  be  subject  to  amendment  by  the  jury  under  the  direction  of  the  court,  or  the  judge, 
as  the  case  may  be,  so  as  to  clearly  set  forth  and  show  the  compensation  ascertained 
to  each  person  thereto  entitled,  and  the  said  verdict  shall  thereupon  be  recorded: 

14.  No  Benefits  Deducted.]  Provided ,  that  no  benefits  or  advantages  which  may 
acmie  to  lands  or  property  affected,  shall  be  set  off  against  or  deducted  from  such  com- 
pensation,  in  any  case. 

1*5.  Order  of  the  Court.]  §  10.  The  judge,  or  court,  shall,  upon  such  report,  pro¬ 
ceed  to  adjudge  and  make  such  order  as  to  right  and  justice  shall  pertain,  ordering  that 


Chap.  38. 


157 


Escheats. 


Sale  of  State  Lands . 


petitioner  enter  upon  such  property  and  the  use  of  the  same,  upon  payment  of  full  com¬ 
pensation,  as  ascertained  as  aforesaid ;  and  such  order,  with  evidence  of  such  payment, 
shall  constitute  complete  justification  of  the  taking  of  such  property. 

1©.  Cross  Petition  Filed.]  §11.  Any  person  not  made  a  party  may  become  such 
by  filing  his  cross  petition,  setting  forth  that  he  is  owner  or  has  an  interest  in  property, 
and  which  will  be  taken  or  damaged  by  the  proposed  work  ;  and  the  rights  of  such  last 
named  petitioner  shall  thereupon  be  fully  considered,  and  determined. 

17.  Appeals  Allowed.]  §  12.  In  all  cases  in  either  the  circuit  or  county  court,  or 
before  a  circuit  or  county  judge,  an  appeal  shall  lie  to  the  supreme  court. 

18.  Bond  on  Appeal.]  §  13.  In  cases  in  which  compensation  shall  be  ascertained 
as  aforesaid,  if  the  party  in  whose  favor  the  same  is  ascertained  shall  appeal  such  pro¬ 
ceeding,  the  petitioner  shall,  notwithstanding,  have  the  right  to  enter  upon  the  use  of  the 
property  upon  entering  into  bond,  with  sufficient  surety,  payable  to  the  party  interested 
in  such  compensation,  conditioned  for  the  payment  of  such  compensation  as  may  be 
finally  adjudged  in  the  case  ;  and  in  case  of  appeal  by  petitioner,  petitioner  shall  enter 
into  like  bond  with  approved  surety.  Said  bonds  shall  be  approved  by  the  judge  before 
whom  such  proceeding  shall  be  had,  and  executed  and  filed  within  such  time  as  shall  be 
fixed  by  said  judge. 

19.  Payment  of  Compensation.]  §  14.  Payment  of  compensation  adjudged  may, 
in  all  cases,  be  made  to  the  county  treasurer,  who  shall,  on  demand,  pay  the  same  to  the 
party  thereto  entitled,  taking  receipt  therefor;  or  payment  may  be  made  to  the  party  en¬ 
titled,  his,  her  or  their  conservator  or  guardian. 

£20.  Record  of  Proceedings.]  §  15.  The  court  or  judge  shall  cause  the  verdict  of 
the  jury  and  the  judgment  of  the  court  to  be  entered  upon  the  records  of  said  court. 

St.  Conflicting  Acts  Repealed.]  §  16.  All  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  act  are  hereby  repealed  :  Provided ,  that  this  act  shall  not  be  con¬ 
strued  to  repeal  any  law  or  part  of  law,  upon  the  same  subject,  passed  by  this  general 
assembly,  but  in  all  such  cases  this  act  shall  be  construed  as  providing  a  cumulative 
remedy. 


Chapter  38. 

ESCHEATS. 

§  7.  Sale  by  the  Auditor. 

Upon  Thirty  Days’  Notice. 

An  act  to  provide  for  the  sale  of  real  property  escheated  to  and  vested  in  the  state.  Approved  4  April  1872.  In 

force  1  July  1872. 

7.  Auditor  may  Sell  Lands.]  §  1.  The  auditor  of  public  accounts  is  hereby  au¬ 
thorized  and  empowered  to  dispose  of  any  or  all  real  property  which  may  have  escheated 
to,  or  shall  hereafter  escheat  to,  and  become  vested  in  the  state,  at  public  sale,  at  the 
county  seat  of  the  county  in  which  such  real  property  may  be  situated,  to  the  highest 
bidder  for  cash,  after  having  given  at  least  30  days’  notice  of  the  time,  place  and  terms  of  . 
sale,  in  some  newspaper  published  in  such  county. 

8.  Deed  to  the  Purchaser.]  §  2.  Upon  the  payment  of  the  purchase  money,  the 
auditor  shall  execute  a  deed  under  his  hand  and  official  seal,  conveying  to  the  purchaser 
all  the  right,  title  and  interest  of  the  state  in  and  to  such  real  property  so  sold. 

9.  Proceeds  of  such  Sales.]  §  3.  The  proceeds  from  such  sales  shall  be  paid  into 
the  state  treasury  as  revenue  fund,  less  the  expenses  of  sale,  and  the  auditor,  in  his  bien¬ 
nial  report,  shall  give  a  detailed  statement  of  the  property  sold,  moneys  received,  and  ex¬ 
penses  incurred  under  this  act. 


§  8.  Deed  to  the  Purchaser. 
§  9.  Proceeds  of  such  Sales. 


262 


Chapter  39. 


ESTRAYS. 


Animals. 

$  1.  Notice  of  Taking  Up. 

§  2.  Appraisement  Made. 

§  3.  Justice's  Report. 

§  4.  Marks  and  Brands. 

§  5.  Description  and  Value. 

§  6.  Marks  Registered. 

§  8.  Several  Estrays. 

§  9.  Time  of  Taking  Up. 

§10.  Fat  Hog  — How  Sold. 
§11.  Proof  of  Notice. 

§  12.  Owner  Appearing. 

§13.  Use  of  Estrays. 

§14.  Publication  of  Notice. 

§15.  State  Paper  Designated. 
§16.  County  Paper  Designated. 
§  17.  R  ights  of  the  Owner. 


§18.  After  Sale  of  Estray. 

§  19.  Horses  and  Mules. 

§  20.  Time  of  Taking  Up. 

§21.  Taker  Up  to  be  Householder, 
§22.  Sale  of  Estray. 

§  23.  Penalties  Against  Justices. 

§24.  Liabilities  of  Taker  Up. 

Boats  and  Vessels. 

§  25.  When  May  be  Taken  Up. 

§  26.  Notice  Given  —  Owners  Plights. 
§  27.  Fees  of  Officers. 

§  28.  Other  Penalties. 

Lost  Goods. 

§  29.  Former  Act  Revived. 

§  30.  Duty  of  the  Finder. 

§31.  Advertisement  and  Sale. 

§32.  Value  Less  than  $5. 


JR.  S.  §  1,  227.  P.  535.  S.  92.  1.  Notices.]  Every  person  who  shall  take  up  any 

estray  horse,  mare,  colt,  mule  or  ass,  after  having  given  not  less  than  10  nor  more  than 
15  days’  notice,  by  posting  up  notices  in  three  of  the  most  public  places  in  the  justice’s 
district  in  which  he  resides,  shall  take  the  same  before  some  justice  of  the  peace  of  the 
county  where  such  estray  shall  be  taken  up,  and  make  oath  before  such  justice,  that  the 
same  was  taken  up  at  his  or  her  plantation  or  place  of  residence  in  said  county,  and  that 
the  marks  or  brands  have  not  been  altered  since  the  taking  up. 

Ibid.  §  2.  2.  Appraisement.]  The  said  justice  shall  then  issue  his  warrant  to  three 

disinterested  housekeepers  in  the  neighborhood,  unless  they  can  otherwise  be  had,  causing 
them  to  come  before  him  to  appraise  said  estray,  after  they  or  any  two  of  them  being 
sworn  to  appraise  such  estray,  without  partiality,  favor  or  affection  ;  which  apmnisement, 
together  with  the  marks,  brands,  stature,  color  and  age  of  such  horse,  mare  or  colt,  mule 
or  ass,  shall  be  entered  in  a  book  to  be  kept  by  such  justice,  and  certified  under  his  hand, 
and  transmitted  to  the  c*erk  of  the  county  commissioners'  court  of  such  county,  within 
15  days  after  the  same  is  tcAen  up. 

Laws  1861,  175.  22  Feb.  [23  Apr.~\  §  1.  3.  Justice’s  Report.]  Every  justice  of 

the  peace,  before  whom  any  estray  or  estrays  may  be  brought  for  appraisal,  shall  be  al¬ 
lowed  10  days  after  the  appraisement  to  make  report  of  the  description  of  the  estrays,  as 
is  required  in  the  *  #  [preceding  section,]  to  the  clerk  of  the  county.  * 

R.  S.  §  3,  228.  P.  535.  S.  93.  4.  Marks  and  Brands.]  Any  person  who  shall  take 

up  any  head  of  neat  cattle,  sheep,  hog  or  goat,  after  having  given  the  notice  required  in 
§  1  of  this  chapter,  shall  go  with  some  householder  before  a  justice  of  the  peace  of  the 
county,  and  make  oath  before  him  as  is  required  in  taking  up  an  estray  horse,  mare  or 
colt,  mule  or  ass,  and  then  such  justice  shall  take  from  such  housekeeper,  upon  oath,  a 
particular  description  of  the  marks,  brands,  color  a,nd  age  of  every  such  neat  cattle,  sheep, 
hog  or  goat,  and  said  justice  shall  cause  the  said  estrays  to  be  appraised,  in  like  manner 
as  is  required  to  be  done  in  case  of  a  horse,  mare  or  colt,  mule  or  ass  ;  which  description 
and  valuation  shall  be  entered  by  such  justice  in  a  book  to  be  kept  by  him  as  aforesaid, 
and  by  such  justice  transmitted  to  the  clerk  of  the  county  commissioners'  court  of  the 
county,  to  be  by  him  kept  as  before  directed:  Provided ,  that  in  all  cases  where  the  value 


Chap.  39. 


5—14. 


263 


Estrays. 


Description  and  Value  Posted  -  -  -  Publication  of  Notice. 

of  such  neat  cattle,  sheep,  goat  or  hog,  does  not  exceed  $5.,  said  justice  shall  not  be  re¬ 
quired  to  make  a  return  to  the  clerk  as  aforesaid  ;  but  shall  enter  in  his  estray  book,  the 
description  and  appraisement  value  of  such  sheep,  hog  or  goat,  and  advertise  the  same  in 
three  of  the  most  public  places  in  his  neighborhood. 

Ibid.  §  4.  •>.  Description  and  Value  Posted.]  Every  such  clerk  shall  cause  a 

copy  of  such  description  and  valuation  of  every  neat  cattle,  sheep,  hog  or  goat  returned 
to  him,  to  be  publicly  affixed  at  the  court  house  door  of  his  county,  within  five  days  after 
the  same  shall  be  transmitted  to  him  as  aforesaid,  for  which  he  shall  receive  the  same  fee 
as  for  entering  the  same  in  a  book. 

Laws  1855,  175.  15  Feb.  §  1.  P.  1248.  S.  98.  6.  Marks  Registered.  InJ 
the  counties  which  have  adopted  or  shall  hereafter  adopt  township  organization,  the 
town  clerk  of  every  town  thereof  shall  provide  a  book  for  the  purpose  of  registering  the 
mark,  brands  and  color  of  any  animals  enumerated  in  Chap.  50  [39]  of  the  revised 
statutes,  taken  up  as  an  estray;  which  book  shall  be  open  at  all  times  to  inspection,  by 
all  persons  interested  therein,  and  shall  be  deemed  a  part  of  the  records  of  said  town. 

Ibid.  §  2.  7,~\  Any  person  who  shall  take  up  any  estray,  according  to  the  provisions  of 

the  act  to  which  this  is  an  amendment,  shall  cause  to  be  registered  in  the  book  required  to 
be  provided  in  the  foregoing  act,  the  marks,  brands  and  color  of  said  estray,  within  five 
days  from  the  time  of  such  taking  up.  * 

is?.  S.  §  5,  228.  P.  536.  S.  93.  8.  Several  Estrays.]  If  two  or  more  estrays  of 

the  same  species  are  taken  up  by  the  same  person,  at  the  same  time,  they  shall  be 
included  in  one  entry  and  one  advertisement,  and  in  such  case,  such  justice  and  clerk 
shall  receive  no  more  pay  than  for  one  of  such  species. 

Ibid.  §  6.  9.  Time  of  Taking  Up.]  No  person  shall  be  allowed  hereafter,  to  take 

up  and  post  any  head  of  neat  cattle,  sheep,  hog  or  goat,  between  the  month  of  April  and 
the  first  day  of  November,  unless  the  same  may  be  found  in  the  lawful  fence  or  inclosure 
of  the  taker  up,  having  broken  in  the  same ;  and  for  a  reward  of  taking  up,  there  shall  be 
paid  by  the  owner,  $1.  for  every  horse,  mare  or  colt,  mule  or  ass;  and  for  every  head  of 
neat  cattle,  50  cents  ;  and  for  every  hog,  sheep  or  goat,  25  cents,  together  with  all  reason¬ 
able  charges. 

Laws  1851,  116.  15  Feb.  [18  Apr.~]  §  1.  P.  1247.  S.  98.  1©.  Fat  Hog  — How 
Sold.]  It  shall  be  lawful  for  any  person  taking  up  an  estray  or  fattened  hog,  between 
the  first  of  November  and  first  of  March,  after  complying  with  the  provisions  of  §§  1  and 
3  of  the  act  to  which  this  is  an  amendment,  [Chap.  39]  and  stating  on  oath  that  he  be¬ 
lieves  said  estray  has  strayed  from  some  drove,  if  no  owner  shall  appear  to  prove  said 
estray  within  the  time  specified  in  said  notice,  to  sell  said  estray  to  the  highest  bidder, 
after  giving  public  notice  of  such  sale  10  days  previous  thereto  ;  the  proceeds  to  be  dis 
posed  of  as  now  provided  by  law  in  other  cases. 

P.  S.  §  7,  228.  P.  536.  S.  93.  II.  Proof  of  Notice.]  Proof  of  the  giving  of 
notice  as  required  in  §§  1  and  3  of  this  chapter,  may  be  made  by  the  oath  of  the  person 
advertising,  or  a  credible  witness,  previous  to  the  appraisement. 

Ibid.  §  8.  Itl.  Owner  Appearing.]  If  the  owner  of  any  such  animals  shall  prove 
and  take  them  away,  before  the  appraisement  thereof,  he  shall  pay  to  the  person  who  has 
care  of  the  same,  all  reasonable  charges  for  taking  up  and  keeping  the  same. 

Ibid .  *§  9.  13.  Using  Estrays.]  It  shall  not  be  lawful  for  persons  taking  up  estrays, 
to  use  the  same  previous  to  advertising  them,  unless  it  be  to  milk  cows,  and  the  like,  for 
the  benefit  and  preservation  of  such  animals. 

Ibid.  §  10.  I4L  Publication  of  Notice.]  It  shall  be  the  duty  of  the  clerk  of  the 
county  commissioners'  court,  when  the  description  and  valuation  of  any  estray  horse,  mare 
or  colt,  mule  or  ass,  shall  be  transmitted  to  him  by  the  justice  as  aforesaid,  and  in  10  days 
thereafter  [to]  make  out  a  copy  thereof,  and  transmit  the  same  to  the  public  printer  of 
the  state,  and  indorse*thereon,  “Estray  papers,”  together  with  the  sum  of  $1.,  to  pay  the 
said  printer  ;  which  sum  the  taker  up  is  required  to  deposit  with  the  clerk  prior  to  the 
expiration  of  said  10  days.  It  shall  be  the  duty  of  the  public  printer  to  publish  said 
advertisement,  and  transmit  one  copy  of  each  number  of  his  paper  to  each  of'the  clerks 
of  the  county  commissioners'  court  of  the  several  counties  of  this  state,  free  of  charge,  which 
shall  be  regularly  filed  by  said  clerks  in  their  respective  offices,  for  the  examination  of 
those  who  may  desire  it. 


2G4 


Estrays. 


Chap.  39.  §§  15—22. 

Slate  Paper  -  -  -  Sale  of  Estray. 

Laws  1849,  76.  12  Feb.  [13  Apr.~\  §  1.  P.  540.  S.  97.  1<5».  State  Paper  —  How 

Designated.  *  *  The  preceding  section]  is  hereby  so  amended  as  to  require  the 

publication  of  estray  notices  in  some  public  newspaper  to  be  designated  by  the  governor, 
and  the  publisher  of  said  newspaper,  so  designated,  is  hereby  made  subject  to  all  the  re¬ 
quirements  provided  in  said  chapter  in*  regard  to  the  public  printer. 

Laics  1861,  121.  21  Feb.  §  1.  IG.  County  Paper  —  How  Designated.]  The  es¬ 
tray  notices  now  required  by  law  to  be  published  in  some  newspaper  designated  by  the 
governor,  in  the  city  of  Springfield,  shall  hereafter  be  published  also  in  some  newspaper 
printed  in  the  county  in  which  said  estray  may  be  taken  up  ;  said  newspaper  to  be  desig¬ 
nated  by  the  county  clerk  of  said  county  ;  and  hereafter  the  fee  paid  to  the  newspaper  in 
Springfield  for  said  publication  be  50  cents  for  each  such  notice,  and  the  fee  paid  to  the 
newspaper  selected  bv  the  county  clerk  for  each  such  publication,  shall  be  50  cents. 

R.  S.  §  11,  229.  P.  536.  S.  94.  17.  Rights  of  the  Owner.]  And  if  no  owner 

appear  and  prove  his  property  within  one  year  after  such  publication,  the  property  shall 
be  vested  in  the  taker  up ;  nevertheless,  the  former  owner  may,  at  any  time  thereafter,  by 
proving  his  property,  recover  the  valuation  money,  upon  payment  of  costs  and  all  reason¬ 
able  charges. 

Ibid.  §  12.  18.  Estray  Sold,  etc.  —  Owner  Appearing.]  And  if  nny  person 

shall  trade,  sell  or  take  away  any  such  estray  or  estrays  out  of  the  state,  for  any  purpose 
whatever,  before  the  expiration  of  said  one  year,  he  or  she  so  offending,  shall  be  liable  to 
indictment  in  the  circuit  court  of  the  proper  county,  and  on  conviction  thereof,  shall  be 
fined  in  a  sum  double  the  value  of  the  property,  one-half  to  the  owner  thereof,  and  the 
other  half  to  the  county  treasury  ;  and  when  the  owner  of  any  estray  head  of  neat  cattle, 
sheep,  hog  or  goat,  does  not  prove  his  property  within  12  months  after  the  same  has  been 
published  at  the  door  of  the  court  house  as  aforesaid,  and  when  the  valuation  does  not  ex¬ 
ceed  $5.,  the  property  shall  be  vested  in  the  taker  up  ;  but  when  the  valuation  shall  exceed 
$5.,  and  no  owner  appear  within  the  time  aforesaid,  the  property  shall  also  be  vested  in  the 
taker  up  ;  nevertheless,  the  former  owner  may,  at  any  time,  by  proving  his  property,  recover 
the  valuation  thereof,  upon  payment  of  all  reasonable  costs  and  charges  ;  and  if  the  taker 
up  and  the  owner  cannot  agree  upon  the  charges,  they  shall  call  upon  three  disinterested 
householders,  whose  decision  shall  be  binding  on  both  parties ;  and  it  shall  not  be  lawful 
for  any  person  to  take  up  any  estray,  (except  such  as  shall  be  hereinafter  excepted,)  un¬ 
less  he  shall  be  a  freeholder  or  a  housekeeper.  —  [But  see  §  21. 

Ibid.  §  13.  Horses  and  Mules.]  Any  person  finding  a  stray  horse,  mare,  colt, 

mule  or  ass,  running  at  large  without  any  of  the  settlements  of  this  state,  may  take  up  the 
same,  and  shall  immediately  take  such  estray  or  estrays  before  the  nearest  justice  of  the 
peace,  and  make  oath  that  he  has  not  altered  the  marks  or  brands  of  such  estray  since  tak¬ 
ing  up  ;  and  if  such  taker  up  shall  be  a  freeholder  or  housekeeper  within  that  couiny,  it  may 
and  shall  be  lawful  for  him  to  post  such  estray  or  estrays  as  hereinbefore  directed  in  this 
chapter,  as  if  the  same  had  been  taken  up  on  his  plantation  or  place  of  residence  ;  and 
when  the  taker  up  shall  not  be  qualified  as  aforesaid,  he  shall  take  the  oath  before  re 
quired,  and  deliver  such  estray  or  estrays  to  the  said  justice,  who  shall  cause  the  same 
to  be  dealt  with  as  directed  by  this  chapter. 

Laws  1847,  47.  28  Feb.  §  1.  P.  539.  S.  97.  SO.  Time  of  Taking  up.]  No  horse, 
mare,  colt,  mule  or  ass,  shall  be  taken  up  and  posted  between  the  first  day  of  April 
and  first  day  of  November,  unless  the  same  be  found  out  of  the  range  of  the  proper 
owner,  or  within  the  lawful  fence  or  inclosure  of  the  taker  up,  having  broken  in  the  same, 
or  manifestly  running  away  from  the  owner. 

Ibid.  §  2.  SI.  Taker  Up  to  Be  Householder.]  No  person  who  is  not  a  house¬ 
holder  of  the  county,  shall  be  permitted,  under  the  law  to  which  this  is  an  amendment, 
to  take  up  and  post  any  estray  animal,  enumerated  either  in  this  act  or  the  act  to  which 
this  is  an  amendment.  —  [Amends  Chap.  39. 

R.  S.  §  14,  229.  P.  537.  S.  94.  S2.  Sale  of  Estray.]  If  no  owner  appear  to  prove 

his  property  within  one  year,  such  estray  or  estrays  shall  be  sold  to  the  highest  bidder, 
giving  public  notice  of  such  sale  20  days  previous  thereto," the  purchaser  giving  a  bond 
and  approved  security,  payable  to  the  county  commissi  oners'’  court  of  the  county  where 
such  estray  shall  be  taken  up;  and  after  paying  the  taker  up  all  reasonable  charges,  the 
balance  shall  be  put  into  the  county  treasury  by  the  said  justice,  who  shall  take  a  receipt 
for  the  same  from  the  county  treasurer ;  nevertheless,  the  former  owner,  at  any  time 


Chap.  39. 


23—26. 


265 


Estrays. 


Penalties  against  Justice  -  -  -  Notice  Given. 

within  two  years  after  taking  up,  by  proving  his  property  before  the  clerk  of  the  county 
commissioners’  court  of  said  county,  or  before  the  justice  of  the  peace  before  whom  the 
property  was  taken  up,  and  obtaining  a  certificate  thereof  from  the  clerk  of  said  court  or 
justice  of  the  peace,  to  the  treasurer,  shall  receive  the  balance  aforesaid. 

Ibid.  §  15.  33.  Penalties  against  Justice.]  And  when  any  justice  of  the  peace 

shall  fail  to  pay  any  money  for  any  estray  or  estrays  to  be  sold  agreeably  to  this  chapter, 
into  the  county  treasury,  within  three  months  after  selling  such  estray  or  estrays,  such 
justice  shall  forfeit  and  pay  the  sum  of  $20.,  with  costs,  to  be  recovered  by  action  of  debt, 
before  any  justice  of  the  peace  of  the  county,  or  other  court  havjng  jurisdiction  thereof, 
the  one-half  for  the  use  of  the  county,  and  the  other  half  for  the  use  of  any  person  suing 
for  the  same  ;  and  moreover,  be  liable  to  pay  the  price  of  such  estray  or  estrays,  with 
interest  thereon. 

Ibid.  §  16.  34.  Liabilities  of  Taker  up —  Penalties.]  If  any  estray  or  estrays, 

taken  up*  as  aforesaid,  shall  die  or  get  away  before  the  owner  shall  claim  his  or  her  right, 
the  taker  up  shall  not  be  liable  for  the  same  ;  and  if  any  person  shall  take  up  any  estray 
or  estrays,  at  any  other  place  within  the  inhabited  parts  of  this  state  than  his  or  her 
plantation  or  place  of  residence,  or  without  being  qualified  as  required  by  this  chapter,  he 
shall  forfeit  and  pay  the  sum  of  $10.,  with  costs,  recoverable  before  any  justice  of  the 
peace  of  the  county  where  the  offense  shall  have  been  committed,  and  not  having  property 
sufficient  to  pay  such  fine,  he  shall  be  liable  to  be  confined  one  month  in  the  jail  of  the 
county  where  he  may  be  found,  being  found  guilty  of  such  offense  according  to  law  ;  and 
any  person  taking  up  any  estray  or  estrays  out  of  the  limits  of  the  settlements  of  this 
state,  and  failing  to  comply  with  the  requisitions  of  this  chapter,  shall  be  liable  to  the 
same  penalties  ;  and  if  any  person,  taking  up  any  estray  or  estrays  of  any  species,  fail  to 
comply  with  the  requisitions  of  this  chapter,  he  shall,  for  every  such  offense,  forfeit  and 
pay  to  the  informer,  the  sum  of  $10.,  with  costs,  recoverable  before  any  justice  of  the 
county  where  such  offense  shall  be  committed  ;  one-half  to  the  use  of  the  county,  and  the 
other  half  to  the  person  suing  for  the  same. 

Ibid.  §  17.  3o.  Boats  and  Water  Craft.]  If  any  person  or  persons  shall  here¬ 

after  stop  or  take  up  any  keel  or  flat  boat,  ferry  flat,  batteau,  pirogue,  canoe,  or  other  ves¬ 
sel  or  water  craft,  or  raft  of  timber,  or  plank  found  adrift  on  any  water  course  within 
the  limits  or  upon  the  borders  of  this  state,  and  the  same  shall  be  of  the  value  of  $5.  or 
upwards,  it  shall  be  the  duty  of  such  person  or  persons,  within  five  days  thereafter,  (pro¬ 
vided  the  same  shall  not  before  that  time  be  proven  and  restored  to  the  owner,)  to  go  be¬ 
fore  some  justice  of  the  peace  of  the  proper  county,  and  make  affidavit  in  writing,  setting 
forth  the  exact  description  of  such  vessel  or  craft,  when  and  where  the  same  was  found, 
whether  any,  and  if  so,  what  cargo  was  found  on  board,  and  that  the  same  has  not  been 
altered  or  defaced,  either  in  whole  or  in  part,  since  the  taking  up,  either  by  him,  her  or 
them,  or  by  any  other  person  or  persons,  to  his,  her  or  their  knowledge;  and  the  said 
justice  shall  thereupon  issue  his  warrant,  directed  to  some  constable  of  his  county,  com 
manding  him  forthwith  to  summon  three  respectable  householders  of  the  neighborhood, 
if  they  can  not  otherwise  be  had,  whose  duty  it  shall  be,  after  being  sworn  by  said  justice, 
to  proceed  without  delay  to  examine  and  appraise  such  boat  or  vessel,  and  cargo,  if  any, 
and  make  report  thereof,  under  their  hands  and  seals,  to  the  justice  issuing  such  warrant, 
who  shall  enter  such  appraisement,  together  with  the  affidavit  of  the  taker  up,  at  large  in 
his  estray  book;  and  it  shall  be  the  further  duty  of  said  justice,  within  10  days  after  the 
said  proceedings  shall  have  been  entered  in  his  estray  book,  as  aforesaid,  to  transmit  a 
certified  copy  thereof  to  the  clerk  of  the  county  commissioners’  court  of  his  county,  to 
be  by  him  recorded  in  his  estray  book,  and  filed  in  his  office. 

Ibid.  §  18.  3®.  Notice  Given  —  Owner’s  Rights.]  In  all  cases  wrh ere  the  ap¬ 

praisement  of  such  boat  or  water  craft,  including  her  cargo,  shall  not  exceed  the  sum  of 
$20.,  the  taker  up  shall  advertise  the  same  on  the  door  of  the  court  house,  and  in  three 
of  the  most  public  places  in  the  county,  within  10  days  after  the  justice’s  said  certificate 
shall  have  been  entered  on  the  records  of  the  county  commissioners'  court ;  and  if  no  per¬ 
son  shall  appear  to  prove  and  claim  such  boat  or  water  craft,  within  six  months  from  the 
time  of  taking  up  as  aforesaid,  the  property  in  the  same  shall  vest  in  the  taker  up;  but  if 
the  value  thereof  shall  exceed  the  sum  of  $20.,  it  shall  be  the  duty  of  the  clerk  of  the 
county  commissioners'  court,  within  20  days  from  the  time  of  the  reception  of  the  justice's 


266 


Estrays, 


Chap.  39.  §§  27—31. 

Fees  of  Officers  -  -  -  Lost  Goods  —  Advertisement. 

said  certificate  at  his  office,  to  cause  an  advertisement  to  be  set  up  on  the  door  of  the 
court  house,  and  also  a  notice  thereof  to  be  sent  to  the  public  printer  as  aforesaid,  who 
shall  publish  the  same  as  aforesaid ;  and  if  the  said  vessel  be  not  claimed  and  proven 
within  six  months  from  said  advertisement,  the  same  shall  be  vested  in  the  taker  up ; 
nevertheless,  the  former  owner  may,  at  any  time  thereafter,  recover  the  valuation  money 
by  proving  his  property  and  allowing  to  the  taker  up  a  reasonable  compensation  for  his 
trouble,  and  costs  and  charges. 

Ibid.  §  19.  37.  Fees  of  Officers.]  In  all  cases  where  services  shall  be  performed 

by  any  officers  or  oth$r  person  or  persons  under  this  chapter,  the  following  fees  or  com 
pensation  shall  be  allowed,  to-wit:  To  the  justice  of  the  peace  for  administering  oath  to 
the  taker  up  or  finder,  making  an  entry  thereof,  with  the  report  of  the  appraisers,  and 
making  and  transmitting  a  certificate  thereof  to  the  clerk  of  the  county  commissioners' 
court,  50  cents  ;  to  the  clerk  or  justice  for  taking  proof  of  the  ownership  of,  and  granting 
a  certificate  of  the  same,  25  cents ;  for  registering  each  certificate  transmitted  to  him  by 
any  justice  as  aforesaid,  12^-  cents;  for  advertisements,  including  the  newspaper  publica¬ 
tions,  50  cents  in  addition  to  the  cost  of  such  publication  ;  to  the  constable  for  each  war¬ 
rant  so  served  on  appraisers,  25  cents  ;  and  to  each  appraiser  the  sum  of  25  cents  ;  which 
said  fees  shall  be  paid  by  the  taker  up  to  the  person  entitled  thereto,  whenever  said  ser¬ 
vices  shall  be  rendered.  All  which  costs  and  charges  shall  be  reimbursed  to  the  taker 
up  or  finder,  in  all  cases  where  restitution  of  the  property  shall  be  made  to  the  owner,  in 
addition  to  the  reward  to  which  such  person  may  be  entitled  for  taking  up  as  aforesaid. 

Ibid.  §  20.  38.  Other  Penalties.]  If  any  person  shall  act  contrary  to  the  duties 

enjoined  by  this  chapter,  for  which  no  penalty  is  hereinbefore  pointed  out,  the  person  so 
offending  shall,  on  conviction  thereof,  forfeit  and  pay  for  every  such  offense,  not  less  than 
$5.,  nor  more  than  $100.,  to  be  sued  for  in  the  name  of  the  proper  county,  before  any 
justice  of  the  peace  or  other  court  having  cognizance  thereof. 

Laws  1849,75.  2  Jan.  §  1.  P.1247.  S.  97.  SO.  Lost  Goods  —  Act  Revived.] 
Sections  1,  2,  3,  4  and  5  of  an  act  entitled  “  An  act  concerning  water  crafts  found  adrift, 
lost  goods  and  estray  animals,”  approved  Jan.  31,  1827,  *  *  are  hereby  revised  and 

revived,  as  well  as  all  other  parts  of  said  act  which  applies  to  lost  goods.  —  [Said  §§  1  and 
2  are  substantially  the  same  as  §§  25  and  26  above  ;  §§3,4  and  5  are  as  follows  : 

P.  S.  1827,  189.  31  Jan.  §  3.  SO.  Duty  of  the  Finder.]  If  any  person  or 
persons  shall  hereafter  find  any  lost  goods,  money,  bank  notes,  or  other  choses  in  action, 
of  any  description  whatever,  of  the  value  of  $5.  and  upwards,  it  shall  be  the  duty  of 
such  person  or  persons,  to  inform  the  owner  thereof,  if  known,  and  to  make  restitution  of 
the  same,  without  any  compensation  whatever,  except  the  same  shall  be  voluntarily 
given  on  the  part  of  the  owner ;  but  if  the  owner  be  unknown,  such  person  or  persons 
shall  within  five  days  after  such  finding  as  aforesaid,  take  such  goods,  money,  bank  notes, 
or  other  choses  in  action  before  some  justice  of  the  peace  of  the  proper  county,  and  make 
affidavit  of  the  description  thereof,  the  time  and  place,  when  and  where  the  same  was 
found,  that  no  alteration  had  been  made  in  the  appearance  thereof  since  the  finding  of 
the  same,  whereupon  the  justice  shall  enter  a  description  of  the  property  thus  found  and 
the  value  thereof  as  near  as  he  can  ascertain,  in  his  estray  book,  together  with  the 
affidavit  of  the  finder,  to  be  taken  as  aforesaid;  and  shall  also  within  10  days  after  the 
said  proceedings  shall  have  been  entered  on  his  estray  book  as  aforesaid,  transmit  to  the 
clerk  of  the  county  commissioners'  court,  a  certified  copy  thereof,  to  be  by  him  recorded 
in  his  estray  book,  and  to  file  the  same  in  his  office. 

] bid.  §  4.  SS.  Advertisement  —  Sale.]  In  all  cases  where  such  lost  goods,  money, 
bank  notes,  or  other  choses  in  action,  shall  not  exceed  the  sum  of  $15.  in  value,  it  shall 
be  the  duty  of  the  finder  to  advertise  the  same  on  the  door  of  the  court  house,  and  in 
three  other  of  the  most  public  places  in  the  county,  and  if  no  person  shall  appear  to  claim 
and  prove  such  money,  goods,  bank  notes,  or  other  choses  in  action,  within  12  months 
from  the  time  of  such  advertisement,  the  right  to  such  property,  where  the  same  shall 
consist  in  goods,  money  or  bank  notes,  shall  be  vested  in  the  finder;  but  if  the  value 
thereof  shall  exceed  the  sum  of  $15.  it  shall  be  the  duty  of  the  clerk  of  the  county  com¬ 
missioners'  court,  within  20  days  from  the  time  of  the  reception  of  the  justice’s  said  cer¬ 
tificate  at  his  office,  to  cause  an  advertisement  to  be  set  up  on  the  court  house  door,  and 
in  three  other  of  the  most  public  places  in  the  county,  and  also  a  notice  thereof  to  be 


Chap.  39.  §  32. 


267 


Estrays, 


Value  less  than  $5. 

published  for  three  weeks  successively  in  some  public  newspaper  printed  in  this  state ;  and 
if  the  said  goods,  money,  bank  notes,  or  other  choses  in  action,  be  not  reclaimed  within 
six  months  after  the  advertisement  thereof  as  aforesaid,  it  shall  be  the  duty  of  the  finder, 
if  the  property  shall  consist  in  money  or  bank  notes,  to  deliver  the  same  to  the  county 
treasurer,  after  deducting  the  necessary  expenses,  hereinafter  provided  for :  if  in  bonds, 
bills,  notes  of  hand,  patents,  deeds  of  conveyance,  articles  of  apprenticeship,  mortgages, 
or  other  instruments  of  value,  the  same  shall  be  delivered  to  the  clerk  of  the  county 
commissioners’  court,  to  be  preserved  in  his  office,  for  the  benefit  of  the  owner  whenever 
legal  application  shall  be  made  therefor ;  if  in  goods,  wares  or  merchandise,  the  same 
shall  be  delivered  to  the  sheriff  of  the  county,  who  shall  thereupon  proceed  to  sell  the 
same,  at  public  auction  to  the  highest  bidder  for  ready  money,  having  first  given  10  days’ 
notice  of  the  time  and  place  of  sale,  and  the  proceeds  of  all  such  sales,  after  deducting 
the  costs  and  other  expenses,  shall  be  paid  into  the  county  treasury. 

Ibid.  §  5.  33.  Value  Less  than  $5.]  In  all  cases  where  any  vessel  or  water  craft 

shall  be  taken  up,  or  any  goods,  money  or  bank  notes,  shall  be  found  as  aforesaid,  which 
shall  be  of  a  value  less  than  $5.  it  shall  be  his  duty  to  advertise  the  same,  by  setting  up 
three  advertisements  in  the  most  public  places  in  the  neighborhood,  but  in  such  case,  the 
taker  up  or  finder  shall  be  required  to  keep  and  preserve  the  same,  in  his  or  her  posses¬ 
sion,  and  shall  make  restitution  thereof  to  the  owner  without  fee  or  reward,  except  the 
same  be  given  voluntarily,  whenever  legal  application  shall  be  made  for  the  same:  Pro¬ 
vided, ,  it  be  done  within  three  months  from  the  time  of  such  taking  up  or  finding ;  but  if 
no  owner  shall  appear  to  reclaim  such  property  within  the  time  aforesaid,  the  exclusive 
right  to  the  same  shall  be  vested  in  the  finder  or  taker  up. 


664 


Chapter  93. 

ROADS. 


I.  General  Rules  Concerning  Roads. 
§  1.  Meet  and  Pass  on  the  Right. 

§  2.  Employment  of  Drunken  Drivers. 

§  3.  Same  to  be  Discharged. 

§  4.  Running  Horses  Forbidden. 

§  5.  Horses  to  be  Fastened. 

§  6.  Liability  of  the  Owners. 

§  7.  Vehicles  which  are  Included. 

§  8.  Ordinances  in  Cities. 

§  9.  Public  Highways  Defined. 

II.  General  Duties  of  Supervisors. 

§  10.  Power  of  County  Courts. 

§  11.  Road  Districts — Supervisors. 

§  12.  Supervisors  to  be  Notified. 

§  13.  Supervisor  Refusing  to  Accept. 

§  14.  Duty  of  the  Supervisor. 

§  15.  Duty  in  Repairing  Roads. 

III.  Obstructions  and  Injuries  to  Roads. 
§  16.  Penalty  for  Obstructing. 

§  1 7.  Recovery  of  the  Penalty. 

§  18.  Injury  by  Plowing  or  Washing. 

IY.  Road  Labor  and  Road  Tax. 

§  21.  The  Road-  Labor  Required. 

§  22.  Order  Made  any  Term. 

§  23.  Levy  of  the  Road  Tax. 

§  24.  Road  Tax  —  Amendment. 

§25.  Same  —  Amendment  of  1847. 

§  26.  Duty  of  the  County  Clerk. 

§  27.  The  Resident  Road  Tax. 

§  28.  Collected  by  the  Collector. 

§  30.  Performance  of  Road  Labor. 

§  31.  Labor  Personally  or  by  Substitute. 

§  32.  Substitutes  for  Non-Residents. 

§  33.  Tax  and  Labor  in  Towns  and  Cities. 

§  34.  Certain  Taxes  Released. 

X.  Duties  of  Road  Supervisors. 

§  36.  Duty  in  Bringing  Suits. 

§  37.  Suit  may  be  before  Justice. 

§  38.  Name  of  County — Informalities . 

§  39.  Delinquent  List  Returned. 


§  40.  Report  of  the  Work  Done,. 

§  41.  Materia  j  jcr  Bridge ,  etc. 

§  42.  Construct- jr.  of  Budges. 

§  4  3.  Obtaining  Labor  and  Materials 
§  44.  Penalties  Against  Supervisors. 

§  45.  Duty  of  the  County  Clerk. 

§  48.  The  Care  of  Tools. 

§  4  7.  Work  Done  in  the  Spring. 

§  48.  Number  of  Hands. 

§  49.  Of  Drains  for  Roads. 

VI.  Fees  of  Officers. 

§  50.  Road  Viewers  and  Surveyors. 

§  51.  Of  Sheriffs  and  Clerks. 

§  52.  Fees  of  Supervisors. 

§  53.  Fixed  by  County  Courts. 

VII.  Locations,  Vacations,  Relocations 
§  54.  Opening  a  New  Road. 

§  55.  The  Proof  of  Notice. 

§  56.  Appointment  of  Viewers. 

§  5  7.  Duty  of  Viewers. 

§  58.  Vacation  of  Useless  Road. 

§59.  Working  New  Roads. 

§  60.  Cart  Roads  —  Located,  etc. 

§  61.  Change  or  Relocation  of  Road. 

§  62.  On  County  Line  —  Deposit  Required. 

§  63.  Deposit  in  Other  Cases. 

§  64.  Of  Remonstrances. 

§  65.  Surveys  and  Plats. 

§  66.  Line  to  be  Direct. 

§  67.  Surveyors  act  as  Viewers. 

§  68.  The  Assessment  of  Damages. 

§  69.  Commissioners  to  Assess  Damages 
§  70.  Justices  Not  to  Appoint. 

VIII.  Jurisdiction  over  Roads. 

§  71.  County  Commissioners'  Courts. 

§  72.  The  County  Courts. 

§  73.  The  Repealing  Clauses. 

§  74.  Board  of  Supervisors. 

§  76.  Notices  to  Railroads. 

§  78.  Planting  Shade  Trees . 


I.  GENERAL  RULES  CONCERNING  ROADS. 

R.  S.  §  1,  480.  P.  1040.  a S'.  559.  1.  Meet  and  Pass  to  the  Right.]  Whenever  any 

persons  traveling  with  any  carriages,  shall  meet  on  any  turnpike  road  or  public  highway 
in  this  state,  the  persons  so  meeting  shall  seasonably  turn  their  carriages  to  the  right  of 
the  centre  of  the  road,  so  as  to  permit  each  carriage  to  pass  without  interfering  or  inter¬ 
rupting,  under  the  penalty  of  $5.  for  every  neglect  or  offense,  to  be  recovered  by  the  party 
injured:  Provided ,  this  section  shall  not  be  construed  to  apply  to  any  case,  unless  some 
injury  to  persons  or  property  shall  occur  by  the  driver  of  the  carriage  or  wagon  refusing 


Chap.  93. 


2—9. 


665 


Roads. 


I.  General  Rules  Concerning!:  Roads. 

to  turn  to  the  right  of  the  beaten  track  ;  nor  shall  it  be  construed  to  extend  to  a  case 
where  it  is  impracticable,  from  the  nature  of  the  ground,  for  the  driver  of  the  carriage  or 
wagon  to  turn  to  the  right  of  the  beaten  track. 

Ibid.  §  2.  Q,  Op  Drivers.]  No  person  owning  any  carriage,  running  or  traveling 
upon  any  road  in  this  state,  for  the  conveyance  of  passengers,  shall  employ,  or  continue  in 
employment,  any  person  to  drive  such  carriage,  who  is  addicted  to  drunkenness,  or  the  ex¬ 
cessive  use  of  spirituous  liquors ;  and  if  any  such  owner  shall  violate  the  provisions  of  this 
section,  after  he  shall  have  had  notice  and  reasonable  proof  that  such  driver  is  addicted  to 
drunkenness,  he  shall  forfeit  at  the  rate  of  $5.  per  day  for  all  the  time  during  which  he 
shall  thereafter  have  kept  any  such  driver  in  his  employment,  to  be  sued  for  by  any  per¬ 
son,  and  collected  in  any  court  having  competent  jurisdiction.  The  penalty,  when  recov¬ 
ered,  shall  be  for  the  use  of  the  poor  of  such  county,  except  that  the  court  in  which  the 
recovery  shall  be  had,  may  allow  a  portion  of  said  penalty,  not  exceeding  $25.,  to  be  re¬ 
tained  by  such  complainant  as  a  compensation  for  his  services  and  expenses. 

Ibid.  §  3.  Intoxication  op  Driver.]  If  any  driver,  whilst  actually  employed 

in  driving  any  such  carriage,  shall  be  guilty  of  intoxication  to  such  a  degree  as  to  en¬ 
danger  the  safety  of  the  passengers  in  the  carriage,  it  shall  be  the  duty  of  the  owner  of 
such  carriage,  on  receiving  written  notice  of  the  fact,  signed  by  any  one  of  said  passengers, 
and  certified  by  him,  on  oath,  forthwith  to  discharge  such  driver  from  his  employment ; 
and  every  such  owner  who  shall  retain  or  have  in  his  employ,  within  three  months  after 
the  receipt  of  such  notice,  any  driver  who  shall  have  been  so  intoxicated,  shall  forfeit  at 
the  rate  of  $5.  per  day  for  the  time  during  which  he  shall  keep  any  such  driver  in  his  em¬ 
ployment  after  receiving  such  notice,  to  be  sued  for  and  applied  as  directed  in  the  last 
preceding  section. 

Ibid.  §  4.  4r.  Running  Horses.]  No  person  driving  any  carriage  upon  any  turnpike 

road  or  public  highway  within  this  state,  with  or  without  passengers  therein,  shall  run  his 
horses  or  carriage,  or  permit  the  same  to  run,  upon  any  occasion,  or  for  any  purpose  what¬ 
ever;  and  every  person  who  shall  offend  against  the  provisions  of  this  section,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall  be  fined  not  exceeding 
$100.,  or  imprisoned  not  exceeding  60  days,  at  the  discretion  of  the  court. 

Ibid.  §  5.  £5.  Horses  to  be  Fastened.]  It  shall  not  be  lawful  for  the  driver  of  any 

carriage  used  for  the  purpose  of  conveying  passengers  for  hire,  to  leave  the  horses  at¬ 
tached  thereto,  while  passengers  remain  therein,  without  first  making  such  horses  fast  with 
a  sufficient  halter,  rope  or  chain,  or  by  placing  the  lines  in  the  hands  of  some  other  person, 
so  as  to  prevent  their  running ;  and  if  any  such  driver  shall  offend  against  the  provisions 
of  this  section,  he  shall  forfeit,  for  the  use  of  the  poor,  the  sum  of  $20.,  to  be  recovered  by 
action,  to  be  commenced  within  six  months  ;  and  unless  the  amount  of  such  recovery  be 
paid  forthwith,  execution  shall  be  immediately  issued  therefor. 

Ibid.  §  6.  Liability  of  the  Owners.]  The  owners  of  every  carriage  running 

upon  any  turnpike  road  or  public  highway,  for  the  conveyance  of  passengers,  shall  be  liable 
jointly  and  severally,  to  the  party  injured,  in  all  cases,  for  all  injuries  and  damages  done 
by  any  person  in  the  employment  of  such  owners  as  a  driver,  while  driving  such  carriage, 
to  any  person,  or  to  the  property  of  any  person  ;  and  that,  whenever  the  act  occasioning 
such  injury  or  damage  be  wilful,  negligent  or  otherwise,  in  the  same  manner  as  such 
driver  would  be  liable.  Any  driver  of  any  mail  stage  coach,  or  any  other  vehicle  for  the 
conveyance  of  passengers,  wilfully  offending  against  the  provisions  of  this  chapter,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall  be  imprisoned  not  ex¬ 
ceeding  four  months,  or  fined  not  exceeding  $300. 

Ibid.  §  7.  7,  Vehicles  Included.]  The  term  “  carriage,”  as  used  in  this  chapter, 

shall  be  construed  to  include  stage  coaches,  wagons,  carts,  sleighs,  sleds,  and  every  other 
carriage  or  vehicle  used  for  the  transportation  of  passengers  and  goods,  or  either  of  them. 

Ibid.  §  8.  8.  In  Cities.]  Nothing  contained  in  this  chapter  shall  interfere  with  or 

affect  any  law  concerning  hackney  coaches  or  carriages  in  any  of  the  cities  of  this  state, 
nor  interfere  with  nor  affect  the  laws  or  ordinances  of  any  such  city  for  the  licensing  or 
regulating  such  coaches  ©r  carriages.  Justices  of  the  peace  shall  have  jurisdiction  in  all 
case£  arising  under  this  chapter,  where  the  penalty  does  not  exceed  $100. 

Ibid.  §  9.  9.  Public  Highways.]  All  roads  within  this  state,  which  have  been  laid 

out  in  pursuance  of  any  law  of  this  state,  or  of  the  late  territory  of  Illinois,  and  which 
have  not  been  vacated  in  pursuance  of  law,  are  hereby  declared  to  be  public  highways. 


Repealed :  See  ROARS  AND  BRIDGES  §  193 


Chap.  93.  §§  10 — 15. 


066 


Roads. 


ii.  General  Duties  of  Supervisors. 


II.  GENERAL  DUTIES  OF  SUPERVISORS. 

Ibid.  §  10.  10.  Pow  er  of  County  Courts.]  The  county  commissioners'  courts  of 

the  several  counties  in  this  state  shall  have,  and  are  hereby  vested  with  general  superin¬ 
tendence  over  the  public  roads  within  their  respective  counties,  and  are  hereby  authorized 
to  cause  new  roads  to  be  located  and  made,  and  to  alter  or  vacate  public  roads  within 
their  respective  counties,  in  the  manner  hereinafter  provided  and  pointed  out. 

Ibid.  §  11.  Laws  1865,  111.  16  Feb.  §  1.  13.  Road  Districts  —  Appointment  of 

Supervisors.]  The  county  commissioners'  court  of  each  county  shall,  at  their  December 
term,  or  as  soon  thereafter  as  may  be,  in  each  and  every  year,  lay  out  and  divide  their 
respective  counties  into  such  road  districts  as  they  shall  deem  convenient  and  proper,  de¬ 
fining  accurately  the  boundaries  of  said  districts  ;  and  they  shall  appoint  one  supervisor 
in  each  district,  who  shall  serve  one  year,  and  continue  in  office  until  a  successor  shall  be 
appointed. 

t  F.  S.  §  12,  481.  P.  1042.  S.  561.  1*8.  Supervisors  to  be  Notified.]  It  shall  be 

the  duty  of  the  clerk  of  the  county  commissioners'  court,  in  each  county,  to  make  out  and 
deliver  to  the  sheriff  written  notices  to  all  the  supervisors,  as  aforesaid,  within  10  days 
after  such  appointment  has  been  made,  informing  them  of  their  said  appointment,  and 
describing  the  bounds  of  their  respective  districts,  and  the  roads  therein  ;  *and  the  said 
sheriff  shall  immediately  deliver  the  said  notices  to  the  persons  to  whom  the  same  shall 
be  directed,  respectively  ;  and  if  any  supervisor  shall  refuse  to  accept  his  said  appoint¬ 
ment  the  sheriff  shall  return  the  said  notice  to  the  clerk  who  issued  the  same,  noting  such 
refusal  on  the  back  thereof.  But  if  the  said  supervisor  shall  agree  to  accept  the  same, 
such  supervisor  shall,  within  15  days  thereafter,  return  to  the  clerk  of  the  county  commis¬ 
sioners'  court  a  list  of  the  names  of  all  persons  residing  within  his  road  district  liable  to 
oe  taxed  for  road  purposes  ;  and  the  said  sheriff  shall  notify  the  said  clerk  of  such  ac¬ 
ceptance  ;  and  the  said  sheriff  shall,  in  all  cases,  make  return  of  acceptance  or  refusal 
within  20  days  after  the  delivery  to  him  of  the  notice  aforesaid.  For  any  failure  on  the 
part  of  the  clerk  to  make  out  and  deliver  to  the  sheriff  any  one  of  the  notices  required 
by  this  section,  he  shall  be  fined  in  the  sum  of  $10.,  and  the  sheriff  shall  incur  the  same 
penalty  for  a  failure  to  deliver  any  one  of  said  notices  in  the  manner  and  within  the 
periods  herein  prescribed :  Provided ,  that  supervisors  shall  not  be  required  to  make  such 
return  unless  the  county  commissioners'  courts  shall  have,  levied  a  tax,  according  to  the 
I  provisions  of  this  chapter. 

Ibid.  §  13.  IS.  Supervisor  Refusing  to  Accept.]  When  any  person  shall  re¬ 
fuse  to  accept  the  appointment  of  supervisor,  he  shall  be  fined  $5.,  to  be  appropriated 
to  road  purposes:  Provided,  that  the  commissioners’  court  may  excuse  any  supervisor 
from  the  payment  of  said  fine,  upon  being  satisfied  that  such  person  ought  to  have 
been  appointed.  The  commissioners’  court  shall  have  power,  at  any  time,  to  remove 
from  office  any  supervisor  who  shall  fail  or  refuse  to  perform  his  duty  ;  and  all  vacancies 
shall  be  filled  at  the  term  of  the  court  at  which  any  removal  shall  be  made  or  vacancy 
occur. 

Ibid.  §  1 4.  1-4.  Duty  of  Supervisor.]  It  shall  be  the  duty  of  each  supervisor  to 

cause,  all  the  public  roads  within  his  district  to  be  kept  well  cleared,  smooth  and  in  good 
repair:  causing  all  stumps  to  be  cut  low,  so  as  to  afford  at  all  times  a  free  and  safe  pas¬ 
sage  to  wagons  and  other  carriages  along  such  roads ;  to  cause  bridges  and  causeways  to 
be  made  wherever  the  same  shall  be  necessary,  and  to  keep  the  same  in  repair;  and  to 
cause  to  be  erected  and  kept  in  repair,  at  the  forks  or  crossing  place  of  every  public 
road,  a  post  and  guide  boards,  with  plain  inscriptions  thereon,  in  letters  and  figures,  giving 
the  direction  and  distance  to  the  most  noted  places  to  which  said  roads  may  lead. 

lbid:%  15.  loj.  Duty  in  Repairing  Roads.]  Whenever  any  public  road  shall  be 
obstructed  by  fallen  timber,  or  in  any  other  manner,  and  when  any  bridge  or  causeway 
shall  be  destroyed,  or  become  impassable  or  dangerous  to  travelers,  it  shall  be  the  duty 
of  the  supervisor  to  cause  such  obstruction  to  be  removed,  and  to  have  such  bridges  or 
causeways  rebuilt  or  repaired;  and  for  that  purpose  he  shall  call  out  the  persons  bound 
to  labor  on  the  road  in  his  district,  or  as  many  of  them  as  may  be  necessary  ,  but  if  the 
persons  bound  to  perform  such  labor  in  his  district  shall  have  previously  performed  the 

% 


Chap.  93. 


16—20. 


667 


Roads. 


III.  Obstructions  and  Injuries  to  Roads. 

number  of  days  required  by  this  chapter,  or  if  the  labor  due  from  such  persons  shall  not 
be  sufficient,  he  shall  then  proceed  to  hire  as  many  laborers  or  teams  as  may  be  necessary 
to  remove  such  obstruction  or  repair  such  damages  :  Provided ,  the  cost  shall  not  exceed 
$10. ;  and  if  the  cost  of  such  work  shall  be  estimated  by  said  supervisor  to  exceed  $10., 
then  he  shall  report  such  obstruction  or  damage  to  any  two  or  more  of  the  county  com¬ 
missioners,  whose  duty  it  shall  be,  immediately,  to  cause  such  obstruction  to  be  removed, 
or  such  bridge  or  causeway  to  be  rebuilt  or  repaired,  as  the  case  may  be,  either  by  order¬ 
ing  the  supervisor  to  hire  laborers  and  teams  for  that  purpose,  or  by  making  a  contract 
with  some  fit  person  or  persons,  as  they  may  deem  best ;  and  all  moneys  required  to  carry 
any  of  the  provisions  of  this  section  into  effect  shall  be  paid  out  of  the  county  treasury, 
on  the  order  of  the  county  commissioners ’  court. 


III.  OBSTRUCTIONS  AND  INJURIES  .TO  ROADS. 

Ibid.  §  16.  1©.  Penalty  for  Obstructing  a  Road.  —  Consult  also  Ch.  30  §  186.] 

If  any  person  shall  obstruct  any  public  road,  by  falling  a  tre'e  or  trees  across  the  same, 
by  encroaching  upon  or  fencing  up  the  same,  or  by  placing  any  other  obstruction  therein, 
he  shall  forfeit,  for  any  such  offense,  a  sum  not  exceeding  $10.,  and  a  sum  not  exceeding 
$3.  for  every  day  he  shall  suffer  such  obstruction  to  remain,  after  he  shall  have  been  or¬ 
dered  to  remove  the  same  by  any  supervisor,  county  commissioner  or  justice  of  the  peace; 
and  if  any  person  shall  purposely  destroy  or  injure  any  bridge  or  causeway,  or  remove 
any  of  the  timber  or  plank  thereof,  or  destroy  or  deface  any  guide  board,  post  or  mile 
stone,  on  a  public  road,  or  dig  any  drain  or  ditch  across  a  public  road,  such  person,  so 
offending,  shall  be  indicted  or  sued,  before  a  justice  of  the  peace,  and  on  conviction, 
shall  be  fined  in  any  sum,  not  less  than  $5.,  nor  more  than  $100.,  except  bridges,  which 
shall  be  double  the  value  thereof ;  and  for  burning  a  bridge,  to  be  punished  agreeable  to 
the  criminal  code  :  Provided  however ,  that  this  section  shall  not  be  construed  to  extend  to 
any  person  who  shall  lawfully  cut  down  any  timber  for  rails,  firewood,  or  other  purposes, 
and  who  shall  immediately  remove  the  same  out  of  the  road  ;  nor  to  any  person  through 
whose  land  a  road  shall  run,  who  shall  dig  a  ditch  or  drain  across  such  road,  and  shall 
keep  the  same  in  good  repair. 

Laws  1852,  176.  22  June  §  1.  P.  1057.  S.  574.  17.  Recovery  of  the  Penalty.] 

If  any  person  or  persons  shall  obstruct  any  public  road  in  the  manner  provided  in  *  * 

[the  preceding  section,]  the  penalty  provided  for  in  said  section  may  be  recovered  either 
by  an  indictment  or  in  an  action  of  debt,  before  any  justice  of  the  peace  of  the  county 
in  which  the  offense  was  committed  ;  which  action  may  be  brought  in  the  name  of  and 
upon  the  complaint  or  information  of  any  person  who  may  complain,  one  half  to  the  in¬ 
former,  the  other  half  to  the  use  of  the  county. 

Laws  1847, 112.  17  Feb.  §  7.  P.  1055.  S.  573.  18.  Injury  to  Road  by  Plowing 

OR  Washing.]  If  any  person  shall  impair  any  public  road  by  plowing,  or  turning  a  cur¬ 
rent  of  water  so  as  to  saturate  or  wash  the  same,  he  shall  forfeit  and  pay  a  fine,  for  the 
first  offense,  $5.,  and  for  a  second  offense,  $10.,  and  at  that  rate  for  every  additional  of 
fense ;  which  fines  shall  be  collected  either  before  a  justice  of  the  peace,  or  by  indictment 
in  the  circuit  court,  as  now  provided  by  law. 

Laws  1861,  74.  20  Feb.  §  1.  IS.  Driving  Across  Bridges.]  If  any  person  shall 
ride,  lead  or  drive  any  wagon,  carriage,  dray,  cart  or  other  vehicle  or  conveyance,  or  any 
horse,  mare,  mule  or  ox,  or  other  animal,  over,  on  or  across  any  public  bridge,  or  any 
bridge  used  by  the  public,  within  the  limits  of  this  state,  [faster  than  a  walk,]  he  shall 
forfeit  and  pay  for  each  offense  the  sum  of  $5. ;  which  penalty  shall  be  collected,  either 
before  a  justice  of  the  peace,  or  by  indictment  in  the  circuit  court  of  said  county,  as  is 
now  provided  by  *  *  [the  last  preceding  sect’on. 

Ibid.  §  2.  SO.  Signs  to  be  Put  up.]  It  shall  be  the  duty  of  the  commissioners  of 
highways  of  each  town,  in  counties  under  township  organization,  and  of  the  county  courts 
of  all  other  counties,  to  cause  boards  to  be  placed  upon  the  bridges  across  the  principal 
streams  in  their  respective  towns.  Said  board  shall  be  elevated,  so  as  to  be  easily  seen 
by  travelers,  and  on  each  side  of  said  boards  shall  be  printed,  in  capital  letters,  the  words 

Five  dollars  fine  for  leading  or  driving  any  beast  faster  than  a  walk  on  or  across  this 
bridge/'  * 


Chap.  93.  §§  21—28. 


668 


Roads. 


IV.  Of  Road  Labor  and  Road  Tax. 


IV.  OF  ROAD  LABOR  AND  ROAD  TAX. 

§  22.  Of  the  number  of  days  of  road  labor  required  of  each  able-bodied  man  during  the  year ;  it  was 
amended  by  the  act  of  28  Feb.  1845;  R.  S.  591  §  1 ;  Laws  1845,  79  §  1 ;  and  it  was  finally  repealed  by 
the  enactment  of  the  following  section  : 

Laws  1847,  111.  17  Feb.  §  1.  P.  1054.  S.  572.  31.  Of  the  Road  Labor  Required.] 
The  county  commissioners ’  courts  of  the  several  counties  in  this  state,  at  the  March  term 
annually,  shall  fix  and  cause  to  be  entered  upon  the  records  of  their  courts,  a  certain 
number  of  days,  not  exceeding  five  nor  less  than  two,  that  each  and  every  able-bodied 
man  between  the  ages  of  21  and  50  years  (men  of  color  not  excepted)  shall  labor  on  some 
public  road  within  the  county  during  the  year.  And  it  shall  be  the  duty  of  the  clerk  of 
said  court  to  certify  the  number  of  days  fixed  as  aforesaid  in  the  notice  to  each  supervisor 
appointed  in  said  county. 

Laws  18G3,  75.  13  Feb.  [9  Aug. ]  §  1.  22,  At  any  Term.]  The  county  courts  of 

the  several  counties  in  this  state,  not  having  a  township  organization,  may  at  any  regular 
term  of  such  courts,  fix  and  cause  to  be  entered  of  record,  the  number  of  days  now  re¬ 
quired  by  law,  that  persons  shall  labor  upon  public  roads  in  such  counties. 

R.  a S'.  §  23,  485.  P.  1045.  S.  565.  3§».  Of  the  Levy  of  Road  Tax.]  The  county 

commissioners'  courts  of  the  several  counties  in  this  state,  in  levying  a  tax,  not  exceeding 
50  cents  on  every  $100.  worth  of  taxable  property  in  their  counties  respectively,  for  county 
purposes,  which  they  are  authorized  by  law  to  levy,  may,  at  the  time  of  fixing  upon  the 
amount  of  tax  to  be  assessed  and  collected  for  county  purposes,  in  their  discretion,  set 
apart  any  amount  of  the  tax  so  levied  for  county  purposes,  not  exceeding  one-half  of  said 
levy  for  road  purposes  ;  and  a  column  in  the  tax  book,  shall  designate  the  amount  of  road 
tax  due  from  each  person  to  be  collected. 

R.  S.  §  2,  591.  P.  1051.  S.  570.  34L  Foregoing  Amended.]  The  county  commis- 

sioners’  court  of  each  and  every  county,  in  addition  to  the  work  required  in  *  * 

[the  foregoing  §  21]  may  at  their  March  term,  annually,  assess  a  road  tax  of  not  more  than 
20  cents  on  each  $100.  worth  of  taxable  property,  real  and  personal,  or  either  in  their  coun 
ties;  and  a  column  in  the  tax  book  shall  designate  the  amount  of  such  road  tax  due  from 
each  person,  from  whom  the  same  is  to  be  collected.  *  * 

Laws  1847,  111.  17  Feb.  §  2.  P.  1055.  S.  57 2.  2*$.  Further  Amendment.]  If  the 

county  commissioners’  court  of  any  county  shall  deem  it  expedient,  a  road  tax  may  be  as¬ 
sessed  and  collected  in  said  county,  not  exceeding  20  cents  on  each  $100.  worth  of  taxa¬ 
ble  property,  real  and  personal,  as  contemplated  in  *  *  [the  last  section. 

§  24.  Duty  of  the  county  clerk  with  the  road  taxes  after  they  were  assessed  ;  changed  by  the  following 
section  : 

R.  S.  §  3,  592.  P.  1051.  S.  570.  315.  Duty  of  the  County  Clerk  with  List  of 

Road  Tax.]  The  clerk  of  the  commissioners’  court,  immediately  on  the  return  of  the  as¬ 
sessor’s  book,  shall  make  out  a  list  of  the  names  of  all  persons  owing  road  tax,  in  each 
road  district  in  the  county,  with  the  amount  of  tax  due  from  each  person,  ascertaining  the 
road  district  to  which  such  person  properly  belongs  ;  which  list  shall  be,  by  said  clerk, 
handed  to  the  sheriff,  and  by  him  delivered  to  the  respective  supervisors  ;  and  any  clerk 
or  sheriff  who  shall  fail  or  neglect  to  perform  the  duties  required  in  this  section,  within 
the  time  given  to  each,  as  specified  in  §  4  of  the  act  to  which  this  is  an  amendment,  for 
serving  notices  on  supervisors,  shall  be  liable  to  the  penalties  stated  in  said  section. — 
[This  section  is  part  of  an  act  which  nominally  amends  an  act  of  20  Feb.  1841,  concerning  public  roads, 
(Laws  1841,  232.)  But  it  is  really  amendatory  of  the  chapter  in  the  revised  statutes  entitled  “  Hoads,”  (Ch 
90  §  4.)  Hence  the  section  actually  referred  to  here  is  §  12  in  the  revised  statutes,  and  §  12  in  this  chapter, 
Doing  word  for  word  the  same  as  §  4  of  the  act  of  1841. 

Laws  1849,  152.  12  Feb.  §  1.  P.  1275.  27,  Resident  Road  Tax.]  The  clerk  of  the 

county  court  shall  not  include  in  the  lists  required  to  be  made  out  for  the  supervisors  of 
roads,  any  road  tax  on  lands  or  town  lots  which  have  not  been  listed  by  residents  of  the 
county  ;  but  shall  charge  the  same,  together  with  the  revenue  and  other  special  tax,  on  the 
tax  list  made  out  for  the  collector. 

Ibid.  §  2.  38.  Collected  by  the  Collector.]  The  collector  shall  collect  the  road 

tax  aforesaid,  and  pay  the  same  into  the  county  treasury,  to  be  disbursed  and  paid  over  to 
the  supervisors  of  the  several  road  districts,  in  proportion  to  the  amount  of  property  as> 


Repealed:  See  ROADS  AND  BRIDGES  §  193. 


Chap.  93. 


29—34. 


669 


Roads 


IV.  Of  Road  Labor  and  Road  Tax.  _ 

sessed  in  said  districts  upon  which  said  tax  was  levied.  The  supervisors  of  the  several 
road  districts  shall  disburse  the  amount  of  tax  received  by  them  as  aforesaid,  and  make  re¬ 
turn  in  the  same  manner  as  other  road  tax  collected  by  them. 

Ibid.  §  4.  29.]  The  clerk  shall  make  out  the  list  of  resident  road  tax  from  the  assess¬ 

ment  of  the  previous  year,  which  shall  be  delivered  to  each  supervisor,  on  or  before  the 
first  day  of  May  in  each  year. 

R.  S.  §  25,  485.  P.  1046.  S.  565.  30.  Performance  of  Road  Labor.]  It  shall 

be  the  duty  of  each  supervisor  to  call  on  all  able-bodied  male  persons  over  21  and  under 
50  years  of  age,  in  his  district,  to  perform  the  number  of  days’  labor  due  for  the  year,  giv¬ 
ing  such  person  at  least  three  days’  notice  of  the  time  when,  and  place  where  the  work  is 
required,  and  stating  what  description  of  tools  to  bring ;  which  notice  shall  be  given  by 
the-  supervisor  in  person,  verbally,  or  by  a  written  or  printed  notice,  or  by  some  person 
appointed  by  him  to  warn  in  the  hands  ;  in  which  latter  case  the  notice  shall  be  written  or 
printed,  and  signed  by  the  supervisor.  The  supervisor  shall  observe  the  hour  appointed  to 
meet,  that  each  individual  do  appear  at  the  time,  with  the  tool  directed  to  be  brought ;  and 
when  on  the  road,  that  each  person  shall  work  industriously  and  diligently,  doing  at  least 
eight  hours’  faithful  labor  in  each  day,  at  such  work  and  in  such  manner  as  shall  be  directed 
by  the  supervisor.  Any  person  neglecting  or  failing  to  attend  and  do  the  work  due  on  the 
roads,  after  being  notified  as  above  stated,  by  himself,  or  a  substitute  equally  able  as  him¬ 
self,  shall  pay  for  each  day  $1.  Should  any  person  be  idle,  not  work  diligently,  be  turbu¬ 
lent,  interrupt  other  hands  or  disobey  the  supervisors,  power  is  hereby  given,  end  it  shall 
be  the  duty  of  the  supervisor  to  discharge  said  hand  from  the  road  ;  and  for  each  day’s 
labor  which  may  then  be  due  from  such  person,  he  shall  be  bound  to  pay  $1.50. 

§  26.  Duty  of  the  supervisor  to  request  payment  in  money  or  labor  at  not  more  than  $1.  per  day ; 
changed  by  the  following  section  : 

R.  S.  §  4,  592.  P.  1051.  S.  571.  31.  Labor  in  Person  or  by  Substitute.]  The 

tax  list  being  placed  in  the  hands  of  the  supervisor,  he  shall  notify  each  person  residing 
in  said  supervisor’s  district,  of  the  amount  due,  and  that  the  same  may  be  discharged  in 
labor  on  the  road,  and  shall  thereupon  request  payment  in  money  or  labor,  first  notifying 
such  person  of  the  time  and  place  to  attend  and  work  the  same  out  at  the  rate  of  75  cents 
per  day,  bringing  with  him  such  tools  as  may  be  directed  by  the  supervisor;  the  labor  to 
be  performed  by  the  principal  or  a  substitute  equally  able,  working  at  least  eight  hours 
each  day  ;  and  if  such  person  shall  spend  the  time  in  idleness,  be  turbulent,  or  disobey 
the  supervisor,  he  shall  be  discharged  from  the  road,  and  the  balance  due  shall  be  col¬ 
lected,  with  25  per  cent,  advance :  Provided ,  all  money  collected  by  supervisors  for  road 
purposes,  shall  be  disbursed  on  some  road  within  their  district. 

Laws  1847,  112.  17  Feb.  §  10.  P.  1056.  S.  573.  33.  Substitutes  for  Non-Resi¬ 

dents.]  Any  person  owning  lands  in  an  adjoining  or  detached  county,  in  the  state,  other 
than  the  one  in  which  he  resides,  may  work  out  his  road  tax  in  person,  or  by  an  able  and 
good  substitute,  under  any  one  supervisor  in  such  county  where  the  lands  lie,  voluntarily 
attending  when  a  supervisor  shall  be  working  on  roads;  which  privilege  is  hereby  granted 
to  non-residents  to  work  out  their  road  taxes  under  any  supervisor  in  the  county  where 
the  lands  are  situated,  and  the  supervisor  shall  give  to  such  person  a  receipt  for  the  same, 
and  shall  make  return  thereof  to  the  county  commissioners'  court,  on  settlement  of  his 
accounts :  Provided ,  that  it  shall  not  be  incumbent  on  any  supervisor  to  notify  such 
person  out  of  his  district. 

Laws  1847,  112.  17  Feb.  §  8.  P.  1055.  S.  573.  33.  Road  Tax  and  Road  Labor 

in  Towns  and  Cities.]  Where  any  city  or  town  has  or  may  become  incorporated  under 
a  special  law,  or  under  a  general  law,  authorizing  citizens  to  become  incorporated,  no  req¬ 
uisition  in  labor  or  money  from  the  citizens  thereof,  on  property  within  said  corporation, 
shall  be  required  to  improve  roads  in  the  country  different  from  the  grant  in  the  charter, 
but  they  shall  be  required  to  work  and  pay  a  tax  to  improve  the  streets  and  roads,  and 
such  improvements  as  shall  be  specified  in  the  charter,  or  within  the  limits  of  the  incorpo¬ 
ration,  so  long  as  the  charter  or  incorporation  shall  remain  in  full  force.  In  all  towns  and 
villages  not  incorporated,  the  citizens  thereof  shall  contribute  in  labor,  and  by  a  tax,  when 
assessed  by  the  county  commissioners'  court  of  the  county,  in  improving  the  streets  of  the 
town,  or  village,  and  the  public  roads  of  the  road  district,  including  the  same  under  the 
supervisor. 

Laws ,  1847,  74,  167.  1  Mar.  §  1.  P.  178.  S.  199.  34.  Certain  Taxes  Released.] 


Repealed:  See  ROARS  AND  J5RIDGES  §  193.  Repealed  :  See  R.  <fc  B.  §  193 


670 


Roads, 


Chap.  03.  §§  35—40. 

V.  Duties  of  Road  Supervisors. 

In  all  cases  where  county  commissioners'  courts  have  assessed  a  road  tax  operating  upon 
property  situated  in  incorporated  towns,  the  inhabitants  of  which  are  required  to  keep 
the  roads  passing  through  and  from  their  said  towns  in  repair,  said  tax  *  *  is  hereby 

released. 

Ibid.  §  2.  3*®.]  In  assessing  the  road  tax  by  county  commissioners'  courts,  property 

situated  within  the  limits  of  incorporated  towns,  the  inhabitants  of  which  are  required  to 
keep  the  roads  in  repair,  as  mentioned  in  the  second  [first]  section  of  this  act,  shall  be 
excluded  from  the  operation  of  the  order  assessing  said  tax. 


Y.  DUTIES  OF  ROAD  SUPERVISORS. 

R.  S.  §  27,  486.  P.  1046.  S.  566.  36.  Duty  of  the  Supervisor  to  bring  Suits.] 

It  shall  be  the  duty  of  supervisors  to  sue  in  the  name  of  the  county  commissioners, 
in  their  official  capacity,  for  all  labor  and  taxes  which  shall  be  due  from  each  person  resid¬ 
ing  in  their  respective  districts,  and  remain  unpaid  after  notice  shall  have  been  given,  and 
a  failure  to  settle  the  same,  as  provided  in  the  foregoing  sections;  and  having  collected 
the  same,  shall,  without  delay,  disburse  the  money  to  the  best  advantage,  on  public  roads 
in  the  district  to  which  such  labor  or  tax  properly  belongs.  In  all  cases  the  supervisor 
shall  be  a  competent  witness  in  suits  brought  as  above  stated  ;  and  an  appeal  may  be  taken 
to  the  circuit  court  by  either  party,  as  in  other  cases  of  appeal  from  justices  of  the  peace. 

R.  S.  §  39,  489.  P.  1050.  S.  570.  37.  Suit  may  be  before  Justice.]  Supervis¬ 

ors  are  hereby  authorized  to  bring  suits  before  any  justice  of  the  peace  of  the  county,  to 
recover  any  and  all  sums  due  for  road  labor,  road  tax,  fines  and  forfeitures  imposed  by  this 
chapter,  which  are  intended  to  come  into  the  hands  of  such  supervisors  for  road  purposes, 
and  to  collect,  disburse  and  account  for  the  same  ;  suing  in  the  name  of  the  county  com¬ 
missioners,  in  their  official  capacity. 

Laws  1852, 176.  22  June  §  2.  P.  1057.  S.  575.  38.  In  the  Name  of  the  County — 

Informalities.]  All  suits,  actions  and  proceedings  necessary  to  be  had  upon  any  right  or 
cause  of  action,  for  failures  to  perform  road  labor  or  pay  road  taxes,  or  to  enforce  any  con¬ 
tract  or  promise  in  reference  to  the  opening  or  repairing  public  roads,  shall  be  had  in  the 
corporate  name  of  the  county  wherein  the  right  of  action  accrued  :  Provided ,  that  no  suit 
shall  be  dismissed  on  account  of  informality  in  the  name  of  the  plaintiff ;  but  the  court 
may  on  application,  permit  the  record  to  be  so  amended  as  to  place  the  name  of  the  proper 
plaintiff  on  the  record. 

R.  a S.  §  28,  486.  P.  1047.  S.  566.  30.  Delinquent  List  to  be  Returned.]  Every 

supervisor  shall  endeavor  to  collect  all  road  and  labor  tax,  and  close  the  work  by  the  25th 
of  December,  annually.  And  they  are  absolutely  bound  to  return  to  the  clerk  of  the 
county  commissioners'  court  the  tax  list,  by  the  1st  of  January,  marking  carefully  and  truly 
the  amount  paid  on  said  road  tax  list,  how  much  in  work,  and  the  amount  in  money,  by 
each  individual  named,  and  shall  give  a  receipt  to  each  individual  if  requested.  The  clerk 
and  collector  shall  give  credit  on  the  general  tax  list,  to  each  person,  for  the  amount  paid, 
and  the  balance  due  shall  be  collected  by  the  proper  officer  out  of  the  goods  and  chattels, 

I  lands  and  tenements  of  the  person  owing,  in  the  same  manner  as  other  revenue  for  the 
state  and  county  shall  be  collected.  All  moneys  collected  as  above,  after  deducting  the 
]  per  cent,  for  collecting  and  costs  paid  out,  to  be  allowed  by  the  commissioners'  court,  shall 
j  be  set  apart  in  the  treasury  of  the  county  as  a  road  fund,  to  be  disbursed  by  order  of  the 
commissioners'  court,  in  the  erection  of  bridges  and  improvement  of  such  public  roads  in 
the  county  as  they  may  deem  most  advantageous  to  the  public  ;  and  in  no  case  shall  the 
court  appropriate  or  divert  any  portion  of  said  road  fund  to  any  other  purpose  than  the 
construction  of  roads  and  road  purposes:  Provided  always ,  that  fines  and  forfeitures  in¬ 
curred  under  the  provisions  of  this  chapter,  shall  be  applied  to  the  improvement  of  the 
,  public  roads  within  the  bounds  of  such  road  district  wherein  such  fines  and  penalties  may 
have  been  incurred. 

Ibid.  §  35.  Laws  1865,  111.  16  Feb.  §  2.  40.  Supervisor’s  Report  of  Work 

done.]  At  the  December  term  of  the  commissioners'  court,  annually,  each  supervisor  shall 
make  a  report,  showing  the  whole  number  of  days’  work  that  has  been  done  in  his  district 
during  the  year,  by  whom  done,  the  amount  of  money  by  him  received,  from  whom,  for 
road  tax  or  otherwise  due  on  roads,  the  amount  paid  out  by  him  in  constructing  roads* 


Repealed:  See  ROADS  AND  BRIDGES  §  193. 


Chap.  93.  §§  41—48. 


671 


Roads 


V.  Duties  of  Road  Supervisors. 

with  the  vouchers  accompanying ;  at  which  term  he  shall  make  a  settlement  with  the 
court,  and  if  a  balance  should  appear  in  his  hands,  the  same  shall  be  disbursed  in  the  dis¬ 
trict,  or  added  to  the  general  road  fund,  as  the  court  shall  order.  Supervisors  may  ap¬ 
point  one  or  more  persons  to  warn  in  the  hands,  and  make  an  allowance  out  of  the  labor 
or  tax  due  from  such  person.  No  allowance  shall  be  made  to  any  supervisor  for  services 
out  of  the  county  treasury,  except  for  sums  required  by  §  15  of  this  chapter;  but  he  shall 
lie  wholly  exempt  from  doing  military  duty  in  time  of  peace,  and  from  serving  on  grand 
and  petit  juries  while  acting  as  supervisor;  and  shall  have  power  and  authority  to  appoint 
one  or  more  deputies,  suitable  persons  to  oversee  laborers,  and  direct  the  work,  the  super¬ 
visor  being  responsible. 

R.  S.  §  37,  488.  P.  1049.  S.  568.  41.  Materials  for  Bridge  or  Causeway. 

Consult  also  Ch.  92  and  Ch.  103d  Art.  17  §  52.]  The  supervisor,  for  the  purpose  of 
building  or  repairing  any  bridge  or  causeway,  by  order  of  the  county  commissioners  court, 
is  hereby  authorized  to  enter  upon  the  nearest  unimproved  land,  and  to  cut  and  haul  away 
timber,  or  to  quarry  and  haul  rock,  gravel,  sand  or  earth,  which  may  be  necessary  for  that 
purpose  :  Provided, ,  he  shall  not  take  away  timber  already  cut,  or  any  rock  or  gravel 
already  quarried  for  another  purpose,  without  leave  from  the  owner  or  his  agent:  Provided 
also,  that  unless  the  owner,  or  his  or  her  agent  shall  first  consent  to  the  cutting  of  timber 
or  the  quarrying  of  stone,  or  the  taking  of  gravel,  sand  or  earth,  the  supervisor  shall  call 
upon  two  discreet  householders  to  value  the  materials  about  to  be  used.  If  the  owner  of 
the  materials,  or  his  agent,  shall  see  proper,  he  may  choose  two  other  discreet  household¬ 
ers  to  act  with  such  as  may  be  chosen  bv  the  supervisor,  and  if  they  cannot  agree,  the 
four  shall  choose  a  fifth,  as  umpire  ;  and  the  five,  or  a  majority  of  them,  shall  make  out 
their  award,  under  their  hands  and  seals,  and  transmit  it  to  the  clerk  of  the  county  com¬ 
missioners'  court,  who  shall  file  and  preserve  the  same;  which  award  shall  be  final  and  con¬ 
clusive  of  the  amount  of  damages  sustained  by  such  person  ;  and  the  amount  so  awarded 
shall  be  paid  to  the  owner  of  the  materials,  or  his  or  her  agent,  out  of  the  county  treasury ; 
and  the  supervisor  shall  be  authorized  and  warranted  in  taking  such  materials  as  soon  as 
the  award  shall  be  made. 

Laws  1847,  112.  17  Feb.  §  9.  P.  1056.  S.  573.  43.  Construction  of  Bridges.] 

In  constructing  bridges,  where  they  are  not  covered,  the  supervisor  shall  secure  the  same, 
by  placing  on  the  margins  of  the  plank  heavy  hewed  timber,  or  by  erecting  substantial 
hand-rails,  so  as  to  prevent  damage  by  wagons  running  off,  or  otherwise. 

R.  S.  §  29,  486.  P.  1047.  S.  567.  43.  Supervisors  to  obtain  Labor  and  Ma¬ 

terials.]  Supervisors  are  hereby  authorized  to  hire  teams  to  do  the  necessary  hauling, 
plowing  and  scraping,  to  contract  for  materials  for  building  bridges,  causeways,  erecting 
guide-boards,  for  making  and  furnishing  road  scrapers,  and  repairing  roads  in  discharge 
of  labor  and  road  tax  due,  and  so  far  as  funds  shall  come  into  possession,  procuring  said 
teams,  materials,  implements  and  work,  on  the  best  possible  terms. 

Ibid.  §  40.  44.  Penalties  against  Supervisors.]  Any  supervisor  who  neglects 

to  keep  the  roads  in  his  district  in  good  repair,  agreeably  to  the  provisions  of  this  chapter, 
or  fails  to  perform  any  other  duty  herein  required,  shall  be  liable  to  indictment,  and  on 
conviction  thereof,  shall  be  fined  in  a  sum  not  less  than  $5.,  and  not  exceeding  $50.,  to  be 
I  expended  on  some  road  within  the  district  of  said  supervisor. 

Ibid.  §  41.  45.  Duty  of  the  County  Clerk.]  The  clerk  of  the  commissioners' 

court  in  each  county  shall,  at  each  term  of  the  circuit  court,  make  out  and  furnish  the 
grand  jury  with  a  list  of  the  names  of  all  supervisors  in  the  county,  with  the  date  at  which 
they  were  appointed. 

Laws  1847,  112.  17  Feb.  §  5.  P.  1055.  S.  573.  4®.  Care  of  Tools.]  It  shall  be 

the  duty  of  the  supervisor  to  take  good  care  of  plows,  road-scrapers,  and  other  imple¬ 
ments,  belonging  to  the  county,  in  their  charge,  not  to  lend  the  same,  unless  to  the  super¬ 
visor  to  aid  him  in  constructing  public  roads.  Any  person  who  shall  violate  the  provis¬ 
ions  of  this  section  shall  forfeit  and  pay  a  fine  of  not  less  than  $3.,  or  more  than  $10. 

Ibid.  §  6.  47.  Work  Done  in  the  Spring.]  Each  and  every  supervisor  shall  call 

out  his  hands,  and  do  a  fair  proportion,  at  least  a  moiety,  of  the  labor  due,  in  the  spring 
of  the  year,  in  putting  the  roads  and  bridges  in  good  repair,  and  grading  the  same  where 
most  needed. 

Laws  1851,  184.  17  Feb.  [18  Apr.~\  §  1.  P.  1057.  S.  574.  48.  Number  of  Hands.] 

So  much  of  the  law  now  in  force  in  relation  to  public  roads,  as  provides  that  supervisors 


Bepealed:  See  B.&  lt.§  193.  B. FISKS  §  171 


Chap.  93.  §§  49—54. 


672 


Roads 


VI T.  Locations,  Vacations,  and  Relocations. 

shall  not  work  with  less  than  10  hands  at  one  time,  *  *  is  hereby  repealed,  and  here¬ 

after  supervisors  may  work  with  any  number  of  hands  which  they  may  deem  advisable. — 
[This  refers  to  a  provision  in  the  act  of  28  Feb.  1845  ;  R.  S.  592  §  7. 

Laws  1867,  160.  9  Mar.  §  1.  41).  Of  Drains  for  Roads.]  Whenever  a  public 

road  or  highway,  shall  pass  over  low  or  wet  lands,  and  it  shall  be  necessary  to  drain  the 
same  in  order  to  render  the  said  road  dry  and  passable,  and  the  said  road  cannot  readily 
or  conveniently  be  drained  without  laying  or  digging  a  ditch  or  ditches  over  and  across 
the  adjacent  lands,  it  shall  be  lawful  for  the  commissioners  of  highways,  or  other  officers 
whose  duty  it  is  to  cause  the  said  road  to  be  made  passable,  to  enter  upon  the  said  adja¬ 
cent  lands  and  construct  the  required  ditch  or  ditches  over  and  upon  the  same ;  and  in  case 
the  said  officer  or  officers  shall  be  unable  to  agree  with  the  owner  or  owners  of  such  lands 
as  to  the  amount  of  damages  to  be  allowed  and  paid  to  such  owner  or  owners,  the  same 
shall  be  fixed  and  ascertained  in  the  manner  appointed  in  §  38  of  the  [foregoing]  chapter 
to  which  this  is  an  amendment,  and  the  other  acts  amendatory  thereof,  subject  to  the  same 
right  of  appeal  allowed  in  other  cases. 


YI.  FEES  OF  OFFICERS. 

R.  S.  §  36,  488.  P.  1049.  S.  568.  50.  Fees  Allowed.]  Road  viewers  shall  be 

allowed  $1.,  and  surveyors  $2.  for  each  and  every  day  necessarily  employed;  and  chain 
and  axe-men,  75  cents  per  day. 

Ibid.  §  42.  51.  Fees  of  Sheriffs  and  Clerks.]  Sheriffs,  and  clerks  of  the  county 

commissioners ’  courts,  shall  be  allowed  a  fair  and  reasonable  compensation  for  discharging 
the  duties  required  of  them  by  this  chapter,  to  be  paid  out  of  the  county  treasury,  on  the 
allowance  and  order  of  the  county  commissioners'  courts  respectively. 

Laws  1851,  184.  17  Feb.  [18  Apr.~\  §  2.  P.  1057.  S.  574.  53.  Fees  of  Super¬ 

visors.]  Supervisors  shall  be  allowed  the  sum  of  $1.  per  day,  for  each  and  every  day  in 
which  they  are  necessarily  employed  in  the  discharge  of  their  duties,  over  and  above  the 
time  consumed  in  working  out  their  own  tax.  —  [Formerly  75  cents  per  day  ;  R.  S.  592 
§7. 


Laws  1867,  159.  7  Mar.  [27  Aug.~\  §  1.  5*1.  Fixed  by  County  Courts.]  *  * 

The  county  courts  in  counties  not  having  adopted  township  organization  shall  have  the 
sole  power  of  determining  the  amount  that  each  supervisor  shall  receive  for  his  services  in 
working  the  roads  in  his  district,  or  for  other  services  provided  by  law,  or  that  may  here¬ 
after  be  made  incumbent  on  said  officers,  and  said  allowance  shall  be  made  with  reference 
to  the  work  performed. 


VII.  LOCATIONS,  VACATIONS  AND  RELOCATIONS. 

R.  S.  §  17,  483.  P.  1043.  S.  563.  54.  Opening  of  a  New  Road.]  No  new  road 

snail  be  opened  by  order  of  the  county  commissioners’  court,  unless  the  same  shall  be  ap¬ 
plied  for  by  at  least  35  voters,  residing  within  five  miles  of  the  road  proposed  to  be  laid 
out  or  altered,  except  in  counties  which  shall  not  have  more  than  300  voters,  when  only 
15  shall  be  required.  Such  applicants  shall  deposit  in  the  hands  of  the  clerk  of  the 
county  commissioners'  court,  a  sufficient  sum  of  money  to  pay  the  viewing.  If  their  report 
be  in  favor  of  establishing  the  road,  the  money  so  deposited,  shall  be  returned  to  the  per¬ 
sons  who  deposited  the  same  ;  but  if  the  report  be  unfavorable,  the  expenses  of  the  view 
shall  be  paid  out  of  the  money  so  deposited;  and  every  person  applying  for  such  new  road, 
shall  contribute  one  day’s  labor,  in  addition  to  the  number  of  days  required  by  this  chap¬ 
ter,  towards  making  such  road.  The  clerk  of  the  county  commissioners'  court  shall  furnish 
each  supervisor  through  whose  road  district  such  new  road  shall  pass,  with  a  list  of  the 
persons  wTio  petitioned  for  the  same  ;  and  any  such  petitioners  who  shall  not  reside  within 
some  district  through  which  such  new  road  shall  pass,  shall  be  required  to  perform  the 
day’s  labor  herein  required  of  him,  under  the  direction  of  the  supervisor  of  the  nearest 
road  district;  and  for  failing  to  do  so,  after  being  duly  notified,  he  shall  be  fined  in  the 
ium  of  $1. 


Chap.  93. 


55—60. 


673 


Roads, 


VII.  Locations,  Vacations  and  Relocations. 

Laws  1847,  111.  17  Feb.  §  3.  P.  1058.  S.  572.  55.  Of  the  Proof  of  Notice.] 

It  shall  be  the  duty  of  the  commissioners'  court,  upon  the  presentation  of  a  petition  for  the 
location  or  relocation  of  a  road,  to  inquire  into  the  manner  in  which  the  same  was  gotten 
up,  if  signed  by  individuals  through  whose  lands  the  same  may  pass,  as  far  as  practicable, 
and  require  proof,  and  be  satisfied  that  the  notice  required  by  law  of  such  intended  appli¬ 
cation  had  been  given,  in  view  that  the  owners  of  lands  which  may  be  damaged  shall 
have  notice  thereof. 

P.  S.  §  18,  483.  P.  1044.  S.  563.  56.  Appointment  of  Viewers.]  When  a  new 

road  shall  be  applied  for,  as  aforesaid,  the  county  commissioners'  court  shall,  if  in  their 
opinion  the  public  good  and  convenience  require  it,  appoint  three  suitable  persons  to  view 
the  ground  proposed  for  the  same ;  and  if,  after  such  view,  the  viewers  shall  believe  the 
road  applied  for  to  be  necessary,  taking  into  consideration  the  expense  of  constructing 
the  same,  and  its  utility  to  the  public,  they  shall  proceed  to  locate  and  establish  the  same, 
on  the  nearest  and  most  eligible  route  from  point  to  point  given,  having  due  regard  to 
private  property  ;  causing  the  same  to  be  surveyed,  designating  its  course  through  prairies 
and  improved  land,  by  fixing  stakes  in  the  ground,  or  by  plowing  two  furrows,  at  the 
distance  apart  of  the  full  width  of  the  road,  and  through  the  timbered  land  by  marking 
the  trees ;  and  shall  make  report  thereof  to  the  next  county  commissioners'  court ;  but 
after  the  view,  if  they  deem  such  road  unnecessary  or  improper  to  be  made,  they  shall 
report  their  opinion  to  that  effect  to  the  next  term  of  said  court. 

I>aws  1847,  112.  17  Feb.  §  4.  P.  1055.  S.  572.  57.  Duty  of  Viewers.]  Viewers, 

in  locating  a  road,  shall  ascertain,  as  far  as  practicable,  where  damages  will  be  claimed, 
and  report  the  names  of  the  individuals  claiming,  to  the  commissioners'  court  at  the  time 
of  making  their  report;  and  it  shall  be  incumbent  on  the  owners  of  property,  bv  them¬ 
selves  or  agents,  to  inform  the  court,  at  the  term  at  which  the  road-viewers  shall  report  of 
such,  their  claims  for  damages.  And  no  damages  shall  be  allowed,  unless  claim  be  made 
to  the  court  as  aforesaid,  or  to  the  supervisor,  commissioner  or  superintendent  appointed 
to  open  the  road,  as  now  provided  by  law.  After  a  road  shall  be  opened,  and  no  claim 
for  damages  being  set  up,  the  state  or  county  shall  not  be  liable  for  any  damages  what¬ 
ever. 

P.  S.  §  19,  483.  P.  1044.  S.  563.  58.  Vacation  of  a  Useless  Road.]  When¬ 

ever  it  shall  be  represented  to  the  county  commissioners'  court,  by  a  petition  of  35  voters, 
that  a  public  road  established  by  said  court,  or  any  part  thereof,  is  useless  or  burthen- 
some,  the  said  court,  upon  a  sufficient  sum  of  money  being  deposited  with  the  clerk  to 
pay  the  expenses  of  a  review,  (such  money  to  be  returned,  if  the  road  shall  be  declared 
useless,)  shall  appoint  three  suitable  persons  to  view  the  same,  who  shall  report  to  the 
said  court  at  the  next  term  after  such  appointment,  whether  such  road  be  useless  and 
burthensome,  together  with  their  reasons  for  such  opinion ;  and  the  county  commissioners 
may  then  order  such  road  to  be  vacated,  if.  in  their  opinion  and  discretion,  they  shall  deem 
such  order  proper:  Provided,  that  no  petition  praying  for  the  establishment  or  vacation  of 
a  public  road  shall  be  received  by  the  said  court,  unless  the  said  petitioners  or  some  of 
them,  shall  have  given  20  days’  public  notice  of  such  application,  by  a  written  notice, 
posted  up  in  the  most  public  place  in  each  road  district  through  which  the  road  or  pro¬ 
posed  road  shall  pass,  and  a  like  notice,  particularizing  the  route  and  important  points,  on 
the  door  of  the  court  house,  and  of  the  county  clerk’s  office,  should  it  be  kept  in  a  sepa¬ 
rate  building. 

Ibid.  §  20.  59.  Working  New  Roads.]  Whenever  a  new  road  shall  be  located, 

the  county  commissioners  shall  immediately  cause  the  supervisors  of  each  district  through 
which  such  road  shall  pass,  to  be  notified  of  such  location  ;  and  it  shall  be  the  duty  of 
the  said  supervisors  to  make  such  road  within  their  respective  districts,  and  keep  the 
same  in  repair,  so  far  as  the  labor  of  the  persons  bound  to  work  on  said  road  shall  enable 
him  ;  and  if  such  labor  be  insufficient,  the  county  commissioners  shall  cause  the  same 
to  be  cut  out  and  opened  at  the  expense  of  the  county,  whenever,  in  their  opinion, 
the  funds  of  the  county  will  justify  such  expense  ;  and  after  being  so  opened,  the  same 
shall  be  kept  in  repair  by  the  supervisor,  as  in  other  cases. 

Ibid.  §  21.  60.  Cart  Roads  —  IIow  Located  and  Opened.]  Any  person  or  per¬ 

sons  desirous  of  havino-  a  cart  road  laid  out,  for  his  or  their  convenience,  from  the  dwell- 
ing  or  plantation  of  such  person  or  persons  to  any  public  road,  or  from  one  public  road  to 
another,  or  from  one  lot  of  land  to  another,  shall  present  a  petition  to  the  tounty  commis * 

43 


674 


Roads 


Chap.  93.  §§61,  62. 

VII.  Locations,  Vacations  and  Relocations. 

sioners'  court  of  the  proper  county,  setting  forth  the  reasons  for  desiring  such  road,  and 
describing  the  points  from  and  to  which  said  road  or  cart-way  is  desired  to  pass;  and  the 
court  shall,  upon  a  sufficient  sum  of  money  being  deposited  to  pay  for  viewing  such  road, 
appoint  three  freeholders  to  view  the  same  :  Provided ,  that  20  days’  notice  shall  be  given 
of  the  intention  to  present  such  petition,  to  each  person  residing  in  the  county  through 
whose  land  such  cart-way  is  desired  to  pass ;  and  also,  by  posting  up  a  notice  thereof  on 
the  door  of  the  court  house,  and  clerk’s  office  of  the  county,  if  not  kept  in  the  court  house, 
for  the  same  period  of  20  days;  and  the  viewers,  when  appointed,  shall  examine  the  route 
proposed  for  such  road,  and  shall  examine  any  other  route  which  they  may  deem  proper ; 
and  if  they  shall  be  of  opinion  that  a  cart-way  is  necessary  and  proper,  from  and  to 
the  points  named  in  the  petition,  they  shall  lay  out  the  same  in  such  manner  as  to  pro¬ 
duce  the  least  inconvenience  to  the  parties  through  whose  land  the  same  shall  pass,  and 
shall  make  a  written  report  to  the  court,  describing  the  route  of  the  road,  and  the  numbers 
of  the  lots  of  land  through  which  the  same  shall  pass,  and  naming  the  owners  thereof,  if 
known  ;  which  report  shall  be  examined  by  the  court,  and  on  hearing  the  objections,  if 
any,  and  if  the  court  shall  be  of  opinion  that  the  road  is  necessary  and  right,  an  order 
shall  be  made  establishing  the  same,  not  exceeding  30  feet  wide :  Provided ,  that  no  such 
road  shall  be  allowed  to  passthrough  any  orchard,  garden,  door  or  barn-yard:  And 'pro¬ 
vided  also ,  that  if  any  owner  of  land  shall  object  to  the  opening  such  road,  the  same 
shall  not  be  opened  by  the  person  or  persons  desiring  the  same,  until  the  person  or  per¬ 
sons  objecting  shall  be  paid  all  the  damages  to  be  sustained  by  the  opening  thereof;  and 
in  case  the  parties  can  not  agree  on  the  amount  of  damages,  the  same  shall  be  ascertained 
and  assessed  as  hereinafter  provided ;  and  the  damages  being  paid  on  final  decision,  the 
person  or  persons  applying  therefor,  their  heirs  and  assigns,  shall  have  the  right  to  open 
said  road,  and  shall  have  the  right  of  way  upon  the  same  forever  thereafter.  —  [A  section 
in  the  township  organization  acts,  containing  similar  provisions,  has  been  declared  unconstitutional ;  Ch. 
103d  Art.  17  §  99. 

R.  S.  §  31,  486.  P.  1047.  S.  567.  61.  Of  the  Change  or  Relocation  of 

Roads.]  When  any  person  or  persons  desire  a  change  or  relocation  of  any  state  road 
now  located,  notice  of  such  intended  application  shall  be  given  by  setting  up  advertise¬ 
ments,  in  writing,  at  least  one  in  each  road  district  through  which  said  road  shall  pass,  and 
on  the  court  house  door,  20  days  previous  to  the  sitting  of  the  court  to  which  application 
shall  be  made;  and  on  petition  of  a  majority  of  the  qualified  voters  of  each  road  district 
through  which  said  road  shall  pass,  and  a  majority  of  the  voters  living  immediately  in 
the  vicinity  of  such  road,  the  court  shall  appoint  three  viewers  to  examine  and  make  the 
necessary  relocation ;  they  shall  carefully  view  the  road  as  located,  and  the  ground  for 
the  proposed  route,  and  being  of  opinion  that  the  public  good  requires  an  alteration,  in 
view  of  obtaining  a  more  suitable  place  to  erect  a  bridge  over  a  stream,  wind  a  hill, 
avoid  a.  swamp,  expensive  work,  or  where  the  present  road  greatly  damages  an  individual, 
and  can  be  varied  without  material  damage  to  the  public  ;  in  such  cases  alterations  may 
be  made,  and  a  majority  of  said  viewers  being  of  that  opinion,  they  shall  cause  a  survey 
and  relocation  to  be  made,  returning  to  the  commissioners  court  a  plat  with  the  courses 
and  distances  of  the  road  as  established.  But  if  they  consider  an  alteration  not  neces¬ 
sary,  they  shall  so  report,  and  the  court  may  confirm  and  accept  the  report,  or  take  such 
further  action  thereon  as  to  them  may  seem  right.  In  like  manner,  any  state  road  now 
established,  which  may  be  considered  useless  or  burthensome,  on  notice,  petition,  view  and 
report  to  that  effect,  as  required  in  this  section  in  case  of  an  alteration,  the  same  may  be 
annulled  and  vacated. 

Ibid.  §  32.  6S.  On  a  County  Line  —  Deposit  Required.]  When  it  shall  be¬ 

come  necessary  to  have  a  state  or  county  road  now  located  and  established,  altered,  re¬ 
located  or  vacated  at  a  county  line,  or  a  new  road  laid  out,  the  same  being  petitioned  for, 
and  notice  given,  as  required  in  the  preceding  section,  the  same  shall  be  agreed  on  by 
viewers  from  each  county,  to  be  appointed  by  the  counties  immediately  interested  ;  and 
no  road  shall  be  altered  at  a  county  line  or  elsewhere,  unless  a  majority  of  the  viewers 
appointed  agree  on  such  change  or  alteration  :  Provided ,  that  no  application  shall  be 
acted  upon  or  viewers  appointed,  as  contemplated  in  the  preceding  sections,  unless  the 
petitioners  deposit  money  sufficient  to  pay  the  viewers  in  case  an  unfavorable  report  be 
made,  to  be  refunded  should  the  road  be  located,  altered  or  vacated,  as  petitioned  for. 
And  the  petitioners,  in  case  a  new  road  shall  be  established,  or  a  change  in  the  location 


Chap.  93. 


63—68. 


675 


Roads, 


VII.  Locations,  Vacations  and  Relocations. 

of  a  road,  shall  contribute  one  clay’s  work  on  the  same  or  some  other  road  in  the  county, 
as  required  in  §  17  of  this  chapter.  In  case  of  a  disagreement  in  the  location  or  alter¬ 
ation  of  any  road  crossing  a  county  line,  by  the  county  authorities,  either  county  may 
appeal  to  the  circuit  court,  who  shall  hear  and  determine  the  case,  grant  a  review,  appoint 
viewers,  and  make  such  order  therein  as  shall  seem  right  in  the  establishment  of  the 
road  in  dispute. 

R.  S.  §  5,  592.  P.  1051.  S.  571.  ©3.  Deposit  in  Other  Cases.]  When  any  per¬ 

son  or  persons  desire  a  change  or  relocation  of  any  state  or  county  road  now  located,  or 
hereafter  to  be  located,  and  the  whole  distance  proposed  to  be  changed  does  not  exceed 
three  miles,  the  petitioners  applying  for  the  same  shall  deposit  with  the  county  commis¬ 
sioners’  clerk  a  sum  of  money  sufficient  to  pay  for  viewing  and  surveying  said  road  ;  and 
on  the  return  of  such  report,  the  clerk  shall  pay  for  the  same  with  the  money  before  de¬ 
posited,  whether  the  report  be  favorable  or  unfavorable  to  the  change  or  relocation. 

Ibid.  §  6.  ©4r.  Of  Remonstrances.]  In  all  cases  where  a  petition  is  presented  to 

the  county  commissioners'  court,  praying  for  a  change,  alteration,  location  or  vacation  of  a 
county  road,  as  provided  for  in  the  act  to  which  this  is  an  amendment,  if  there  shall  be 
remonstrances  presented  against  granting  the  same,  it  shall  be  the  duty  of  said  court  to 
give  due  consideration  both  to  the  petition  and  remonstrance,  and  grant  or  refuse  the 
prayer  of  such  petitioners,  as  in  their  discretion  shall  be  just  and  proper. 

R.  S.  §  33,  487.  P.  1048.  S.  568.  ©0.  Surveys  and  Plats.]  All  roads  shall  be 

surveyed,  and  a  plat,  with  the  courses  and  distances  thereof,  returned  with  the  report  of 
the  viewers  to  the  commissioners'  court,  which  shall  be  recorded  and  filed.  The  commis¬ 
sioners'  court,  on  the  return  of  the  report  and  plat,  shall  determine  and  establish  on 
record,  the  width  of  the  road,  making  the  main  leading  roads  four  rods  wide,  and  none 
less  than  30  feet. 

Ibid.  §  34.  ©6.  Roads  to  be  Direct  —  Oath  of  Viewers.]  In  the  location  and 

alteration  of  all  roads,  it  shall  be  the  duty  of  viewers  to  make  the  same  as  direct  as  the 
ground  and  circumstances  will  allow,  particularly  the  main  leading  roads.  Previous  to 
entering  upon  their  duties,  they  shall  be  sworn  before  some  judge  of  a  court,  or  justice 
of  the  peace  of  the  state,  that  they  will  faithfully,  impartially,  and  to  the  best  of  their 
judgment,  discharge  the  duties  incumbent  on  them  as  road  viewers  under  the  law  and 
appointment  of  the  court. 

Laws  1851,  176.  17  Feb.  [18  Apr.].  §  1.  P.  1056.  S.  574.  ©7.  Surveyors  may  act 

as  Viewers  ]  County  surveyors  may  act  as  road  viewers  in  their  respective  counties, 
without  further  qualification,  and  may  administer  the  proper  oath  of  office  to  other  road 
viewers  who  may  be  associated  with  him  or  otherwise.  Road  viewers  may  assess  damages 
incident  to  the  laying  out  of  roads,  and  report  their  assessment  to  the  county  courts  of  the 
counties  in  which  such  roads  may  be  located. 

R.  S.  §  38,  488.  P.  1049.  S.  569.  ©8.  Of  the  Assessment  of  Damages.]  In  all 

cases  where  a  public  road  shall  have  been  heretofore  authorized  by  law  to  be  laid  out  or 
constructed  in  this  state,  either  by  state  or  county  authority,  and  the  same  is  required  to 
pass  over  the  land  belonging  to  any  company,  corporation  or  individual,  and  the  owner  or 
owners  shall  object  thereto,  and  cannot  agree  with  the  commissioner,  superintendent  or 
supervisor,  authorized  to  construct  the  same,  on  the  amount  of  damage  which  such  owner 
or  owners  may  claim,  it  shall  be  lawful  for  such  commissioner,  superintendent  or  super¬ 
visor  to  apply  to  some  justice  of  the  peace  [Repealed  by  §  70]  of  the  county  where  the 
same  may  occur,  who  shall  cause  three  householders  to  appear  before  him,  and  the  house¬ 
holders  so  summoned,  after  being  sworn  faithfully  and  impartially  to  examine  the  ground 
which  shall  be  pointed  out  to  them  by  the  commissioner,  superintendent  or  supervisor, 
shall  assess  the  damages  which  they  shall  believe  such  owner  or  owners  will  sustain,  over 
and  above  the  additional  value  which  such  lands  will  derive  from  the  construction  of  such 
road,  and  make  two  written  reports,  signed  by  at  least  a  majority  of  them  ;  one  of  which 
they  shall  give  to  the  commissioner,  superintendent  or  supervisor  requesting  the  view  and 
the  other  to  the  opposite  party  ;  which  award  or  assessment  of  damages,  shall,  as  well 
where  the  amount  shall  be  agreed  upon  by  the  parties,  without  applying  to  a  justice  of 
the  peace,  be  laid  before  the  county  commissioners'  Court  for  consideration,  who  shall  ex¬ 
amine  the  matter,  and  should  they  decide  the  amount  of  damages  is  not  unreasonable,  oi 
more  than  should  be  given,  and  that  the  opening  and  improving  the  road  is  called  for  by 
die  public  interest,  and  the  finances  of  the  county  will  justify,  they,  in  that  case,  will 


G76 


Roads. 


Chap.  93.  §§  69—77. 

VIII.  Jurisdiction  over  Roads. 


approve  and  accept  the  award,  and  order  the  money  to  be  paid  ;  and  the  same  being  paid, 
the  commissioner,  superintendent  or  supervisor  shall  proceed  to  open  and  construct  said 
road  ;  which  proceedings  being  recorded,  in  the  commissioners'  court,  the  right  of  way 
shall  be  thereby  secured :  Provided ,  that  the  corporation,  company,  owner  or  owners  of 
the  land  shall  have  the  right  to  appeal  from  the  decision  of  the  commissioners'  court  to 
the  circuit  court,  and  the  case  shall  be  acted  upon  in  such  manner  as  the  court  may 
determine,  with  a  view  to  justice,  and  the  establishment  of  the  road,  who  shall  make 
such  order  therein  as  may  seem  right  and  just,  which  decision  shall  be  final.  The 
provisions  of  this  section  shall  extend  to  a  cart-way,  as*  contemplated  in  §  21  of  this 
chapter  ;  viewers  appointed  to  be  sworn,  report  to  be  made,  the  damages  to  be  paid  by 
the  individuals  desiring  the  cart-way,  to  be  confirmed  by  the  commissioners'  court;  and 
either  party  may  appeal  to  the  circuit  court,  where  the  case  being  fully  heard,  such 
judgment  or  order  shall  be  made  thereon  as  the  court  shall  deem  right,  and  which  shall 
be  a  final  decision. 

Laws  1855,  172.  15  Feb.  §  1.  P.  1058.  S.  575.  Commissioners  to  Assess 

Damages  —  How  Appointed.]  In  all  cases,  when  it  shall  become  necessary  to  appoint 
commissioners  to  assess  the  damages  caused  by  the  laying  out  or  construction  of  any  state 
or  county  road  over  the  lands  belonging  to  any  company,  corporation  or  individual,  it  shall 
be  the  duty  of  the  judges  of  the  county  court,  when  application  shall  be  made  to  them 
for  that  purpose,  to  appoint  three  householders,  who  shall  assess  the  damages  in  the  same 
manner  as  is  provided  for  by  the  act  to  which  this  is  an  amendment. 

Ibid.  §  2.  70.  Justices  Not  to  Appoint.]  So  much  of  §  38  of  Chap.  93  of  the 

revised  statutes  as  authorizes  justices  of  the  peace  to  appoint  said  commissioners  to  assess 
said  damages,  *  *  is  hereby  repealed. 


VIII.  JURISDICTION  OYER  ROADS. 

R.  S.  §  30,  486.  P.  1047.  S.  567.  71.  County  Commissioners’  Courts.]  All  power, 

jurisdiction  and  control  is  hereby  given  to  the  county  commissioners'  court  of  the  several 
counties,  of  and  concerning  state  roads,  roads  located  directly  by  the  state  ;  and  the  same 
shall  be  opened,  improved  and  kept  in  repair  as  other  roads  in  the  counties,  subject  to 
alteration,  change  and  relocation,  as  hereinafter  pointed  out. 

Laws  1851,  179.  17  Feb.  §  19.  P.  1056.  S.  574.  72.  The  County  Courts.]  The 

county  courts  of  the  several  counties  of  this  state  shall  have  the  supervision  and  control 
of  all  roads  and  public  highways  within  their  respective  counties,  whether  such  county  be 
organized  under  or  by  virtue  of  the  “  township  organization  law  "  or  otherwise,  and  shall  be 
governed  by  the  several  laws  of  this  state  relating  to  roads  and  public  highways  previous 
and  at  the  time  of  such  organization,  and  all  laws  and  parts  of  laws  coming  within  the 
purview  of  this  act,  or  inconsistent  therewith  *  *  are  hereby  repealed. 

Laws  1853,  176.  12  Feb.  §  1.  P.  1057.  S.  575.  73.  Repealing  Clause.  So  much 

of  the  *  *  foregoing  section]  as  gives  to  the  county  court  supervision  and  control 

of  all  roads  and  public  highways  in  counties  which  have  adopted  township  organization 

*  *  is  hereby  repealed. 

Laws  1859,  194.  18  Feb.  §  1.  74.  Board  of  Supervisors.]  The  board  of  super¬ 

visors  in  all  counties  in  this  state  where  township  organization  has  been  adopted  shall 
have  the  entire  control  of  all  the  state  roads  in  their  respective  counties,  and  have  full 
power  to  relocate  or  vacate  them,  as  in  their  discretion  they  may  determine. 

Ibid.  §  2.  7*5.]  In  all  the  counties  in  this  state  where  township  organization  has  not 

been  adopted,  all  the  powers  heretofore  in  this  act  conferred  on  the  board  of  supervisors, 

*  *  are  hereby  conferred  upon  the  various  county  courts  of  this  state. 

Laws  1869,  374.  25  Mar.  §  1.  76.  Notices  to  Railroads.]  In  addition  to  the 

notices  now  required  by  law  in  proceedings  for  locating,  laying  out  and  opening  of  public 
roads  similar  notices  shall  be  served  upon  any  railroad  company  across  or  alongside  of 
whose  railroad  it  may  be  proposed  to  locate  a  public  road.  Provided ,  this  act  shall  not 
apply  to  the  proceedings  for  opening  streets  in  towns  and  cities. 

Ibid.  §  2.  77.  Service  Thereof.]  The  notices  as  required  by  this  act,  shall  be 


Chap.  93. 


78. 


C77 


Roads. 


VIII.  Jurisdiction  over  Roads. 

• 

served  upon  the  station  agent  of  any  such  railroad  company,  nearest  to  the  proposed  loca¬ 
tion  of  such  projected  public  road. 

Laws  1869,  374.  25  Mar.  §  1.  7§.  Planting  Shade  Trees.]  It  shall  be  lawful  for 

owners  or  occupants  of  lands,  bordering  upon  any  public  road  in  this  state,  to  plant 
shade  and  ornamental  trees  along  and  in  such  road,  at  a  distance  not  exceeding  one  tentL 
of  the  legal  width  of  the  road,  from  its  margin. 


NOTE. 

The  preceding  pages  contain  the  Road  Law  for  counties  not  under  Township  Organi¬ 
zation,  as  it  was  immediately  prior  to  the  adoption  of  the  Constitution  of  1870,  and  in 
form  precisely  as  it  appears  in  the  first  Volume  of  the  Statutes.  The  sections  which 
are  in  terms  repealed  by  later  legislation,  are  marked  in  the  margin.  Much  that  is  not 
marked  is  also  repealed  by  the  act  of  1872  ;  see  §  193.  But  that  repeal  is  of  “laws  here¬ 
tofore  existing  that  may  in  any  way  conflict”  with  the  new  act.  How  far  the  old  laws 
“conflict”  with  the  new  is  an  open  question,  and  we  do  not  attempt  to  decide  it. 

The  following  pages  present  the  Road  Law  of  1872,  in  form  precisely  as  it  appears  in 
the  second  Volume  of  the  Statutes.  It  seems  to  have  been  intended  for  all  the  coun¬ 
ties  whether  under  Township  Organization  or  not. 


3S1 


Chapter  93. 

ROADS  AND  BRIDGES. 


§  79.  Public  Highway  Defined. 

§  80.  Turn  to  the  Right. 

§  81.  A  Drunken  Driver. 

§  82.  Notice  and  Discharge. 

§  83.  No  Running  Horses. 

§  84.  Team  to  be  Fastened. 

§  85.  Injuries  and  Damages. 

§  86.  Meaning  of  “  Carriage.1” 

§  87.  City  Ordinances. 

§  88.  Defacing  Guide  Board. 

§  89.  Obstructions :  Encroachments. 

§  90.  Certain  Exceptions  Specified. 

§  91.  Abuse  of  a  Bridge. 

§  92.  Injuries  to  a  Bridge. 

§  93.  Justice’s  Jurisdiction. 

§  94.  Suits  for  Penalties. 

§  95.  Disposition  of  Fines. 

§  96.  Shade  Trees:  Hedges. 

§  97.  Crossing  for  A  nimals. 

§  98.  Additional  Cost  Only. 

§  99.  Fencing  at  a  Bridge. 

§  100.  Vacation  of  Street. 

§  101.  Notice  of  Petition. 

§  102.  Title  to  Street  Vacated. 

§  103.  Road  Districts  Defined. 

§  104.  Commissioners  Appointed. 

§  105.  Afterwards  Elected. 

§  106.  Elected  in  Towns. 

§  107.  Their  Qualifications. 

§  108.  The  Ojficial  Oath. 

§  109.  Filling  Vacancies. 

§  110.  Contracts  and  Suits. 

§  111.  Clerk  of  the  Board. 

§  112.  Their  Treasurer. 

§  113.  His  Official  Bond. 

§  114.  Their  General  Duties. 

§  115.  Their  Annual  Account. 

§  116.  Verified  by  Oath. 

§117.  Approved  or  Rejected. 

§  118.  Delivered  to  Clerk. 

§  119.  Copy  of  Account. 

§  120.  Improvements  Estimated. 

§  121.  Estimate  of  Income. 

§  122.  The  Power  of  Voters. 

§  123.  Additional  'Taxation. 

§  124.  Regular  Annual  Tax. 

§  125.  Return  to  County  Clerk. 

§  126.  Extending  the  Tax. 

§  127.  The  Aggregate  Certified. 

§  128.  When  Paid  Over. 

§  129.  Assessing  Poll  Tax. 

§  130.  Each  J*erson  Notified. 

§  131.  Suit  for  Poll  7  ax. 

§  132.  Location  or  Vacation. 

§  133.  The  Petition  Required. 

§  134.  No* ice  of  Petition. 

§  135.  Examining  the  Route. 

§  136.  Public  Decision  Made. 


§  137.  For  Vacation  Only. 

§  138.  Survey  avd  Plat  Required. 

§  139.  Amount  of  the  Damages. 

§  140.  Release  of  the  Damages. 

§  141.  Assessment  of  Damages. 

§  142.  Resident  Owner  Notified. 

§  143.  Selecting  a  Jury. 

§  144.  Challenges:  Filling  Vacancy. 
§  145.  Unknown  Owner  Notified. 

§  146.  Service  of  the  Notice. 

§  147.  Jury  Sworn:  Trial. 

§  148.  Evidence:  View:  Verdict. 

§  149.  Several  Different  Owners. 

§  150.  Appeal  to  Circuit  Court. 

§  151.  Papers  and  Transcript. 

§  152.  Trial  of  the  Appeal. 

§  153.  Final  Determination. 

§  154.  All  Proceedings  Revoked. 

§  155.  Final  Order  Signed. 

§  156.  Release  or  Agreement  Made. 

§  157.  Payment  of  the  Damages. 

§  158.  Contracts  with  Commissioners . 
§  159.  The  Record  as  Evidence. 

§  160.  Opening  Private  Road. 

§  161.  Time  of  Opening. 

§  162.  Crops  or  Fence  Removed. 

§  163.  Working  Private  Roads. 

§  164.  Road  on  Town  Line. 

§  165.  Division  of  the  Work. 

§  166.  Appeal  to  Three  Supervisors. 

§  16  7.  Hearing  Such  Appeal. 

§  168.  Report  of  Proceedings. 

§  169.  Costs:  Cost  Bond. 

§  170.  Mode  of  Appealing. 

§  171.  Decision  of  the  Majority. 

§  172.  Other  Appeal  Cases. 

§  173.  Concerning  Repairs. 

§  174.  On  State  Line. 

§  175.  Bridge  on  Division  Stream. 

§  176  Contract  for  Building. 

§  177.  Neglecting  to  Build- 
§  178.  Any  Judgment  Enforced. 

§  179.  Building  Expensive  Bridge. 

§  180.  Bridge  Being  Neglected. 

§  181.  Road  Plats  Recorded. 

§  182.  Survey  of  Roads. 

§  183.  Vacating  Old  Road. 

§  184.  Commissioners  may  Contract. 
§  185.  Road  Tax  Orders. 

§  186.  Poll  Tax  Worked  Out. 

§  187.  Drainage  for  a  Road. 

§  188.  Removal  of  Fences. 

§  189.  Width  of  Roads:  Opening. 

§  190.  Penalties  Against  Officers. 

§  191.  Per  Diem  Allowed. 

§  192.  u  County  Board”  Defined 
§  193.  Conflicting  Acts  Repealed. 

§  194.  Shall  be  in  Force. 


Roads  and  Bridges. 


Chap.  93.  §§  79—87.  382 

Public  Highways  Defined  —  -  City  Ordinances. 


An  act  in  regard  to  roads  and  bridges.  Approved  10  April  1872.  In  force  15  August  1872. 

70.  Public  Highways  Defined.]  §  1.  All  roads  within  this  state,  which  have 
been  laid  out  in  pursuance  of  any  law  of  this  state  or  of  the  late  territory  of  Illinois,  and 
which  have  not  been  vacated  in  pursuance  of  law,  or  used  for  10  years,  and  roads  dedicated 
to  public  use,  and  recognized  by  the  corporate  authorities  of  any  town  or  county,  are  hereby 
declared  to  be  public  highways. 

80-  Turn  to  the  Right.]  §  2.  Whenever  any  persons  travelling  with  any  car¬ 
riages  shall  meet  on  any  turnpike  road  or  public  highway  in  this  state,  the  persons  so  meet¬ 
ing  shall  seasonably  turn  their  carriages  to  the  right  of  the  center  of  the  road,  so  as  to 
permit  each  carriage  to  pass  without  interfering  or  interrupting,  under  the  penalty  of  $5. 
for  every  neglect  or  offense,  to  be  recovered  by  the  party  injured  :  Provided ,  this  section 
shall  not  be  construed  to  apply  to  any  case  where  it  is  impracticable,  from  the  nature  of 
the  ground,  to  turn  to  the  right  of  the  beaten  track. 

81.  Drunken  Driver.]  §  3.  No  person  owning  any  carriage,  running  or  traveling 
upon  any  road  in  this  state,  for  the  conveyance  of  passengers,  shall  employ  or  continue  in 
employment  any  person  to  drive  such  carriage  who  is  addicted  to  drunkenness  or  the  ex¬ 
cessive  use  of  malt,  vinous  or  spirituous  liquors. 

8!2.  Notice  and  Discharge.]  §  4.  If  any  driver,  while  actually  employed  in  driving 
any  such  carriage,  shall  be  guilty  of  intoxication  to  such  a  degree  as  to  endanger  the  safety 
of  the  passengers  in  the  carriage,  it  shall  be  the  duty  of  the  owner  of  such  carriage,  on 
receiving  written  notice  of  the  fact,  signed  by  any  one  of  said  passengers  and  certified  by 
him  on  oath,  forthwith  to  discharge  such  driver  from  his  employment ;  and  every  such 
owner  who  shall  retain  or  have  in  his  employ,  within  three  months  after  the  receipt  of  such 
notice,  any  driver  who  shall  have  been  so  intoxicated,  shall  forfeit  at  the  rate  of  $5.  per 
day  for  the  time  during  which  he  shall  keep  any  such  driver  in  his  employment,  after  re¬ 
ceiving  such  notice. 

83.  No  Running  Horses.]  §  5.  No  person  driving  any  carriage  upon  any  turnpike 
road  or  public  highway  in  this  state,  with  or  without  passengers  therein,  shall  run  his 
horses  or  carriage,  or  permit  the  same  to  run  upon  any  occasion,  or  for  any  purpose  what¬ 
ever  ;  and  every  person  who  shall  offend  against  the  provisions  of  this  section  shall  be 
fined  not  exceeding  $100. 

84.  Team  to  be  Fastened.]  §  6.  It  shall  not  be  lawful  for  the  driver  of  any  car¬ 
riage,  used  for  the  purpose  of  conveying  passengers  for  hire,  to  leave  the  team  attached 
thereto,  while  passengers  remain  therein,  without  first  making  such  team  fast  with  suffi¬ 
cient  halter,  rope,  or  chain,  or  by  placing  the  lines  in  the  hands  of  some  other  person  so 
as  to  prevent  their  running  ;  and  if  any  such  driver  shall  offend  against  the  provisions 
of  this  section,  he  shall  forfeit  the  sum  of  $20.,  to  be  recovered  before  a  justice  of  the 
peace. 

8o.  Injuries  and  Damages.]  §  7.  The  owner  of  every  carriage  running  upon  any 
turnpike  road  or  public  highway,  for  the  conveyance  of  passengers,  shall  be  liable,  jointly 
and  severally,  to  the  party  injured,  in  all  cases,  for  all  injuries  and  damages  done  by  any 
person  in  the  employment  of  such  owners  as  a  driver,  while  driving  such  carriage,  to 
any  person  or  to  the  property  of  any  person  ;  and  whenever  the  act  occasioning  such  in¬ 
jury  or  damage  be  wilful,  negligent  or  otherwise,  in  the  same  manner  as  such  driver  would 
be  liable. 

86.  Meaning  of  “  Carriage.”]  §  8.  The  term  “  Carriage,”  as  used  in  this  act,  shall 
be  construed  to  include  stage  coaches,  wagons,  carts,  sleighs,  sleds,  and  every  other 
carriage  or  vehicle  used  for  the  transportation  of  passengers  and  goods,  or  either  of 
them. 

87.  City  Ordinances.]  §  9.  Nothing  contained  in  this  act  shall  interfere  with  or 
affect  any  law  concerning  hackney  coaches  or  carriages  in  any  of  the  cities  or  incorpo¬ 
rated  villages  or  towns  of  this  state,  nor  interfere  with  nor  affect  fhe  laws  or  ordinances  of 
any  such  city  or  incorporated  village  or  town  for  the  licensing  or  regulating  such  coaches 
or  carriages. 


Roads  and  Bridges. 


Chap.  93.  §§  88 — 98.  383 

Defacing  Guide  Boards  —  -  Crossing  for  Animals. 


88.  De  facing  Guide  Board.]  §  10.  For  destroying  or  defacing  any  guide  board, 
post  or  mile  stone,  or  any  notice  or  direction  put  up  on  any  bridge  or  otherwise,  the  offender 
shall  forfeit  a  sum  not  less  than  $3.  nor  more  than  $50. 

89.  Obstructions  :  Encroachments.]  §11.  If  any  person  shall  injure  or  obstruct 
a  public  road  by  falling  a  tree  or  trees  in,  upon  or  across  the  same,  or  by  placing  or  leav¬ 
ing  any  other  obstruction  thereon,  or  by  encroaching  upon  the  same  with  any  fence,  or  by 
plowing,  or  digging  any  ditch  or  other  opening  thereon,  or  by  turning  a  current  of  water 
so  as  to  saturate  or  wash  the  same,  or  shall  leave  the  cuttings  of  any  hedge  thereupon,  for 
more  than  five  days,  shall  forfeit  for  every  such  offense  a  sum  not  exceeding  $10.,  and  an 
additional  sum  of  not  exceeding  $3.  per  day  for  every  day  he  shall  suffer  such  obstruction 
to  remain  after  he  has  been  ordered  to  remove  the  same  by  any  of  the  commissioners  of 
highways  or  any  member  of  the  county  board : 

90.  C  ertain  Exceptions.]  Provided ,  this  section  shall  not  apply  to  any  person  who 
shall  lawfully  fall  any  tree  for  use,  and  will  immediately  remove  the  same  out  of  the  road, 
nor  to  any  person  through  whose  land  a  public  road  may  pass,  who  shall  desire  to  drain 
his  land,  and  shall  give  due  notice  to  the  commissioners  of  such  intention :  And  provided 
also,  that  any  commissioners  or  overseers  of  highways,  after  having  given  reasonable  notice 
to  the  owners  of  the  obstruction,  or  person  so  obstructing  such  road,  may  remove  any  such 
fence  or  other  obstruction,  and  recover  the  necessary  cost  of  such  removal  from  such  owner 
or  other  person  obstructing  such  road  aforesaid. 

91.  Abuse  of  Bridge.]  §  12.  If  any  person  shall  ride,  lead  or  drive  any  wagon,  car¬ 
riage,  dray,  cart  or  other  vehicle  or  conveyance,  or  any  horse,  mare,  mule  or  ox,  or  any 
other  animal,  faster  than  a  walk,  or  shall  intentionally  drive  more  than  30  head  of  cattle, 
mules  or  horses  at  a  time,  over,  on  or  across  any  bridge  on  a  public  road,  upon  which  the 
commissioners  of  highways  have  erected  the  proper  notice,  according  to  the  provisions 
of  this  act,  within  the  limits  of  this  state,  he  shall  forfeit  and  pay  for  each  offense  the 
sum  of  $5. 

99.  Injury  to  Bridge.]  §  13.  If  any  person  shall  purposely  destroy  or  injure  any 
public  bridge,  culvert  or  causeway,  or  remove  any  of  the  timber  or  plank  thereof,  or  ob¬ 
struct  the  same,  he  shall  forfeit  a  sum  not  less  than  $3.,  nor  more  than  $100.,  and  shall  be' 
liable  for  all  damages  occasioned  thereby,  and  all  necessary  costs  of  rebuilding  or  repairing 
the  same. 

93.  Justices’  Jurisdiction.]  §  14.  Justices  of  the  peace  shall  have  jurisdiction  in 
all  cases  arising  under  this  act,  where  the  penalty  does  not  exceed  their  jurisdiction. 

94.  Suits  for  Penalties.]  §  15.  All  suits  for  the  recovery  of  any  penalty  under 
this  act  shall  be  brought  in  the  name  of  the  people  of  the  state  of  Illinois,  upon  the  com¬ 
plaint  of  any  person. 

9o.  Disposition  of  Fines.]  §  16.  All  fines  recovered  under  the  provisions  of  this 
act,  unless  otherwise  hereinafter  provided,  shall  be  paid  over  to  the  commissioners  of  high¬ 
ways  of  the  town  or  road  district  where  the  offense  is  committed,  to  be  expended  upon  the 
roads  and  bridges  in  the  town  or  road  district. 

96.  Shad  e  Trees  :  Hedges.]  §  17.  It  shall  be  lawful  for  the  owners  or  occupants 
of  land  bordering  upon  any  public  road,  to  plant  shade  and  ornamental  trees  along  and  in 
such  road,  at  a  distance  not  exceeding  one-tenth  of  the  legal  width  of  the  road  from  its 
margin  ;  and  also  to  erect  and  maintain  a  fence,  so  long  as  shall  be  actually  necessary  for 
the  purpose  of  raising  a  hedge  on  said  margin,  a  distance  of  four  feet  from  and  within  said 
marginal  line  or  lines. 

9  7.  Ci  iossing  for  Animals.]  §  18.  Any  person  owning,  using  or  occupying  lands 
on  both  sides  of  any  public  highway,  shall  be  entitled  to  the  privilege  of  making  a  crossing 
under  said  highway  for  the  purpose  of  letting  his  cattle  and  other  domestic  animals  cross 
said  road  :  Provided ,  said  person  shall  erect,  at  his  own  expense,  a  good  and  substantial 
bridge,  with  secure  railing  on  each  side  thereof,  and  build  an  embankment  of  easy  grade, 
not  to  exceed  a  rise  of  one  foot  in  ten  on  either  side  of  said  bridge  ;  said  bridge  not  to  be 
less  than  16  feet  wide,  and  to  be  approved  by  the  commissioners  of  highways  of  the  town 
or  road  district  in  which  the  bridge  is  built,  and  the  same  to  be  kept  constantly  in  good 
repair  by  the  owner  or  occupant  of  said  land,  subject  to  their  direction. 

98.  Additional  Cost  Only.]  And  provided  further ,  that  in  case  such  crossing  is 
made  on  any  water  way  or  natural  channel  for  water,  and  where  a  culvert  or  bridge  is  main¬ 
tained  or  required  for  road  purposes,  said  owner  or  occupant  shall  not  be  required  to  pay 


Chap.  93. 


99—106. 


384 


Roads  and  Bridges. 


Fencing  at  a  Bridge  -  -  -  Commissioners  Elected . 

for  or  construct  any  more  of  said  crossing  than  the  additional  cost  of  such  crossing,  over 
and  above  the  necessary  cost  of  a  suitable  culvert  or  bridge  for  road  purposes  at  such 
place. 

Fencing  at  a  Bridge.]  And  where  any  bridge  on  a  public  road  is  constructed 
over  a  stream  or  body  of  water,  where  the  depth  or  current  of  water  or  the  nature  of  the 
bank  or  banks  of  such  stream  or  body  of  water  is  such  as  to  render  a  fence  on  the  marginal 
line  of  the  public  road  impracticable  or  very  expensive  to  construct  and  keep  in  repair,  the 
owner  of  the  land  bordering  on  the  public  road  shall  have  the  right  to  connect  the  road 
fence  on  either  or  both  banks  of  the  stream  or  body  of  water,  to  said  bridge  or  any  pier  or 
abutment  thereof,  or  to  any  embankment  or  timber  approach  to  said  bridge :  Provided ,  that 
no  necessary  ford  across  said  stream  or  body  of  water  shall  be  permanently  obstructed 
thereby:  And  provided  further ,  that  any  such  connecting  fence  shall  be  constructed  by  the 
consent  and  under  the  direction  of  the  commissioners  of  highways  of  the  town  or  road  dis¬ 
trict  in  which  the  bridge  may  be  located. 

lOO.  Vacation  of  Street.1]  §  19.  The  county  board  of  any  county  in  this  state, 
upon  the  petition  of  the  owner  or  owners  of  the  adjoining  property,  shall  have  power  to 
vacate  any  street  or  alley,  or  part  thereof,  in  any  unincorporated  town  or  village,  or  addition 
thereto,  within  such  county.  No  such  vacation  shall  take  effect  until  a  copy  of  the  order 
therefor,  certified  by  the  county  clerk,  shall  be  filed  for  record  and  recorded  in  the  record¬ 
er’s  office  of  the  county  in  which  the  street  or  alley  is  located  ;  the  cost  of  such  vacation  and 
record  shall  be  paid  by  the  petitioners. 

1©1.  Notice  of  Petition.]  §  20.  Before  the  county  board  shall  act  upon  such  peti¬ 
tion,  the  petitioners  shall  give  notice  of  the  time  and  place  of  presenting  the  petition,  by 
posting  notices  in  three  of  the  most  public  places  in  the  town,  road  district  or  village  where 
such  street  or  alley  is  situated,  four  weeks  previous  to  the  time  of  presenting  the  petition, 
and  give  evidence  to  the  county  board  of  such  posting  by  the  affidavit  of  the  person  posting 
the  same. 

10*3.  Title  to  Street  Vacated.]  §  21.  On  the  vacation  of  any  street,  alley  or  road, 
the  title  to  the  same  shall  vest  in  the  owners  of  the  adjoining  lands  ;  the  owners  on  either 
.side  taking  to  the  center  of  the  street,  alley  or  road  vacated :  Provided ,  that  in  case  such 
street,  alley  or  road  was  taken  from  the  lands  on  either  side  thereof,  in  different  proportions, 
the  same  shall  vest  in  the  owners  of  the  adjoining  lands  in  the  same  proportion  in  which  the 
same  was  so  taken. 

Road  Districts  Defined.]  §  22.  In  counties  not  under  township  organization 
each  congressional  township  or  fractional  township  which  is  or  may  hereafter  be  established 
a  township  for  school  purposes  and  for  the  election  of  the  trustees  of  schools,  shall  be  a  dis¬ 
trict  for  road  purposes  :  Provided ,  that  in  cases  where  the  county  line  between  adjoining 
counties  divides  a  congressional  township,  and  one  county  is  and  the  other  is  not  under 
township  organization,  that  part  of  the  congressional  township  so  divided,  lying  within  the 
county  not  under  township  organization,  may  be  by  the  county  board  of  said  county  attached 
to  some  adjoining  congressional  township  (or  fractional  township)  of  said  county,  for  the 
purposes  of  this  act. 

Commissioners  Appointed.]  §  23.  The  county  board  in  counties  not  under 
township  organization  shall,  on  or  before  the  20th  day  of  August  next,  appoint  three  com¬ 
missioners  of  highways,  who  shall  be  residents  of  the  road  district  for  which  they  shall  be 
appointed,  for  each  road  district  in  their  respective  counties  as  designated  in  this  act,  who 
shall  hold  their  office  until  their  successors  shall  be  elected  and  qualified  according  to  the 
provisions  of  this  act. 

!#5.  Afterwards  Elected.]  §  24.  In  counties  not  under  township  organization, 
there  shall  be  elected  in  each  road  district,  in  a.  d.  1873,  at  the  same  time  and  place  of 
holding  the  election  for  trustees  of  schools  in  such  congressional  township,  three  commission¬ 
ers  of  highways,  one  of  whom  shall  hold  his  office  for  one  year,  one  for  two  years,  and  one 
for  three  years,  to  be  determined  by  lot  at  their  first  meeting  after  their  election,  and  en¬ 
tered  upon  their  records  ;  and  in  each  year  thereafter,  at  the  same  time  and  place  of  holding 
the  election  for  school  trustees,  one  commissioner  of  highways  shall  be  elected  for  the  term 
of  three  years,  and  until  his  successor  is  elected  and  qualified.  The  election  shall  be  con¬ 
ducted  by  the  same  judges  that  act  as  such  at  the  election  of  school  trustees. 

106.  Elected  in  Towns.]  §  25.  In  towns  under  township  organization  there  shall 
1  See  also  Vol.  1,  103  §§  46  to  56,  for  several  other  acts  on  this  subject. 


385 


Ciiap.  93.  §§  107—114. 


Roads  and  Bridges. 


Qualifications  of  Commissioners  -  -  -  General  Duties. 


be  elected  at  the  annual  town  meeting  in  each  year,  as  heretofore,  one  commissioner  of  high¬ 
ways,  who  shall  hold  his  office  for  the  term  of  three  years,  and  until  his  successor  is  elected 
and  qualified. 

107.  Tiieir  Qualifications.]  §  2G.  No  person  shall  be  elected  or  appointed’ to  the 
office  of  commissioner  of  highways  unless  he  shall  be  an  elector,  and  have  resided  in  the 
town  or  district  one  year  next  preceding  his  election.  And  no  commissioner  of  highways 
shall  be  at  the  same  time  one  of  the  town  board  of  auditors  or  in  any  such  capacity  audit  or 
assist  in  auditing  any  account  or  bill  in  which  he  is  or  has  been  directly  or  indirectly  in¬ 
terested. 

BUS.  The  Official  Oath.]  §  27.  Every  person  elected  to  the  office  of  commissioner 
of  highways,  before  he  enters  upon  the  duties  of  his  office,  and  within  10  days  after  he  shall 
be  notified  of  his  election,  shall  take  and  subscribe,  before  some  justice  of  the  peace,  the  offi¬ 
cial  oath  or  affirmation  prescribed  by  the  constitution,  which  in  counties  not  under  township 
organization  shall  be  filed  with  the  county  clerk,  and  in  counties  under  township  organiza¬ 
tion  with  the  town  clerk. 

lOD.  Filling  Vacancies.]  §  28.  Vacancies  in  the  office  of  commissioner  of  high¬ 
ways  shall  be  filled  by  election  :  Provided ,  that  a  vacancy  shall  be  filled  by  the  remaining 
commissioners  until  the  next  election  of  commissioners  after  the  vacancy  shall  occur. 

ISO.  Contracts  and  Suits.]  §29.  The  commissioners  of  highways  shall  have  power 
to  enter  into  contracts  in  all  matters  within  their  jurisdiction,  and  in  counties  not  under 
township  organization  may  sue  and  be  sued  ;  in  counties  under  township  organization  all 
suits  concerning  highways  shall  be  in  the  name  of  the  town,  except  as  otherwise  provided 
by  law. 

111.  Clerk  of  the  Board.]  §  30.  At  the  first  meeting  of  the  commissioners  of  high¬ 
ways,  which  shall  be  within  10  days  after  they  shall  have  been  elected  and  qualified,  they 
shall  proceed  to  choose  one  of  their  number  clerk,  whose  duty  shall  be  to  keep  a  record  of 
all  proceedings  of  said  board  of  commissioners,  and  perform  such  other  duties  as  pertain  to 
his  office. 

11  Q.  Their  Treasurer.]  §  31.  They  shall,  at  the  same  time,  choose  one  of  their  num 
ber  treasurer,  who  shall  receive  and  have  charge  of  all  moneys  raised  in  the  town  or  road 
district  for  the  support  and  maintenance  of  roads  and  bridges.  He  shall  hold  such  moneys 
at  all  times  subject  to  the  order  of  the  commissioners  of  highways,  and  shall  pay  them  aver 
upon  their  order,  or  on  the  order  of  a  majority  of  said  commissioners,  and  not  otherwise. 

IIS.  His  Official  Bond.]  He  shall  execute  bond  in  double  the  amount  that  will  prob¬ 
ably  come  into  his  hands  during  the  year,  by  virtue  of  his  office,  payable  to  the  people  of 
the  state  of  Illinois,  for  the  use  of  such  town  or  road  district,  with  sufficient  security,  to  be 
fixed  and  approved  by  the  county  clerk  in  counties  not  under  township  organization,  and  by 
the  supervisor  of  the  township  in  counties  under  township  organization,  conditioned  for  the 
faithful  discharge  of  his  duties  as  such  treasurer,  and  that  he  will  honestly  and  faithfully  ac¬ 
count  for  and  pay  over,  upon  the  order  of  the  commissioners  of  highways,  all  moneys  that 
shall  come  into  his  hands  by  virtue  of  his  said  office.  Said  treasurer  shall,  for  his  services 
as  treasurer,  be  allowed  to  retain  two  per  centum  of  all  moneys  that  he  shall  receive  and  pay 
out,  except  such  moneys  as  may  be  paid  over  by  him  to  his  successor  in  office. 

114.  Their  General  Duties.]  §  32.  The  commissioners  of  highways,  in  their  several 
towns  and  road  districts,  shall  have  the  care  and  superintendence  of  highways  and  bridges 
therein,  and  it  shall  be  their  duty:  1.  To  repair  roads  and  bridges  in  their  respective  towns 
and  road  districts,  and  to  cause  the  building  of  bridges  therein,  when  the  public  interest  or 
necessity  requires  it.  2.  To  lay  out  and  establish  roads,  to  regulate  the  public  roads  there 
in,  and  to  alter  or  vacate  such  roads  as  they,  or  a  majority  of  them,  shall  deem  proper,  as 
hereinafter  provided.  3.  To  cause  such  roads  used  as  highways  as  have  been  laid  out  or 
dedicated,  but  not  sufficiently  described,  and  such  as  have  been  used  and  recognized  as  public 
roads  for  twenty  years  but  not  recorded,  to  be  ascertained,  described  and  entered  of  record 
in  the  office  of  the  town  clerk,  or  in  the  office  of  the  county  clerk  in  counties  not  under 
township  organization,  and  to  cause  to  be  re-surveyed,  platted  and  entered  of  record  all  roads 
in  their  respective  towns  or  road  districts,  where  the  records  of  the  surveys  and- plats  of  the 
same  have  been  or  may  hereafter  be  lost  or  destroyed ;  and  copies  of  all  such  re-surveys, 
plats  and  records  hereby  authorized  to  be  made  under  this  section,  duly  certified  by  the  town 
or  county  clerk,  as  the  case  may  be,  shall  be  received  in  evidence,  and  have  the  same  force 
and  effect,  as  the  original  surveys,  plats  and  records.  4.  To  cause  all  highways,  and  all 

25 


Roads  and  Bridges. 


Chap.  93.  §§  115—119.  386 

Accounts  of  Commissioners  -  -  -  Copy  of  Account. 


bridges  over  streams  on  highways,  to  be  kept  in  repair,  and  to  see  that  persons  working  or 
repairing  the  highways  leave  undisturbed  all  stones  or  other  monuments  marking  sectional  and 
other  corners,  which  may  be  in  the  public  roads  worked  or  repaired  by  them.  5.  To  take 
possession  of  and  keep  all  scrapers,  plows,  and  other  tools  belonging  to  their  town  and  road 
districts,  wherever  the  same  may  be  found,  and  not  allow  the  same  to  go  to  waste,  and  not 
to  lend  the  same,  except  to  persons  employed  by  them  to  work  on  the  roads  by  contract  or 
otherwise.  6.  To  purchase  for  use  upon  highways  such  necessary  tools,  implements  and 
machiijery  as  they  may  think  proper.  7.  To  collect  all  fines  and  commutation  money.  '  8. 
To  cause  to  be  erected  and  kept  in  repair,  at  the  forks  or  crossing  place  of  the  most  impor¬ 
tant  public  roads,  a  post  and  guide  boards,  with  plain  inscriptions  thereon  in  letters  and 
figures,  giving  directions  and  distances  to  the  most  noted  places  to  which  such  road  may 
lead;  to  prevent  thistles,  burdock,  cockle-burs,  mustard,  yellow-dock,  Indian  mallow,  jimson 
weed  (Stramonium  durata  [datura])  from  seeding,  and  to  extirpate  the  same,  so  far  as  prac¬ 
ticable,  and  to  prevent  all  rank  growth  of  vegetation  in  the  public  highway,  so  far  as  the 
same  may  obstruct  public  travel ;  and  the  said  highway  commissioners  may,  in  their  dis¬ 
cretion,  sink  and  construct  wells,  with  a  suitable  pump  or  other  suitable  fixture,  and  a  water 
trough  attached  thereto,  not  exceeding  five  in  any  district  or  town,  and  keep  the  same  in 
repair,  for  public  use  for  watering  teams,  at  the  intersections  of  the  most  important  roads 
in  their  towns  or  road  districts  ;  and  they  may  also  adopt  any  other  suitable  and  convenient 
mode  of  supplying  water  in  troughs  conveniently  situated  on  the  public  highways  for  public 
use,  at  other  points  than  at  such  intersections ;  and  the  cost  of  such  improvements  shall  be 
paid  out  of  the  road  and  bridge  funds  of  such  town  or  road  district.  9.  To  cause  boards  to 
be  placed  upon  the  bridges  of  more  than  50  feet  span,  across  the  principal  streams  in  their 
respective  towns  and  road  districts.  Said  boards  shall  be  elevated,  so  as  to  be  easily  seen 
by  travellers,  and  on  each  side  of  said  board  shall  be  printed,  in  capital  letters,  the  words, 
“  Five  dollars  fine  for  leading  or  driving  any  beast  faster  than  a  walk,  or  driving  more* than 
30  head  of  cattle,  mules  or  horses  at  a  time,  on  or  across  this  bridge.”  10.  To  remove 
fallen  timber  or  any  other  obstruction  from,  and  repair  injuries  to,  roads  and  bridges,  caused 
by  any  person,  and  to  prosecute  for  and  recover  the  cost  thereof,  in  all  cases  where  any 
person  shall  be  liable  therefor.  11.  To  assess  and  collect  the  poll  tax,  as  hereinafter  pro¬ 
vided.  12.  To  assess,  annually,  upon  the  real  and  personal  property  in  their  respective 
towns  and  road  districts,  as  hereinafter  provided,  a  tax  not  exceeding  40  cents  on  $100.,  as¬ 
sessed  valuation,  by  the  last  county  assessment :  Provided ,  that  the  tax  on  property  lying 
within  any  incorporated  village,  town  or  city,  in  which  the  streets  and  alleys  are  under  the 
care  of  the  corporation,  shall  be  paid  over  to  the  treasurer  of  such  village,  town  or  city,  to 
be  appropriated  to  the  improvement  of  roads,  streets  and  bridges  where  such  tax  is  collected, 
as  the  corporate  authorities  may  desire  it. 

If @3.  Their  Annual  Accounts.]  §  33.  Commissioners  of  highways,  in  counties 
under  township  organization,  shall  render  to  the  board  of  town  auditors,  at  their  annual 
meeting  for  auditing  the  accounts  of  town  officers,  and  in  counties  not  under  township  or¬ 
ganization  to  the  county  board,  an  account  in  writing,  stating :  1.  The  amount  of  real 
estate  and  personal  property  tax  received  by  them.  2.  The  sums  received  by  them  on 
account  of  poll  tax.  3.  All  sums  received  by  them  for  fines  and  commutations.  4.  The 
amount  received  by  them  from  all  other  sources.  5.  The  amount  expended  by  them  for 
all  purposes,  specifying  by  items  the  date,  purpose  and  amount  of  each  expenditure,  and  to 
whom  paid.  6.  The  names  of  all  persons  assessed  for  poll  tax.  7.  The  names  of  all  per¬ 
sons  who  have  paid  or  worked  out  their  poll  tax.  8.  The  names  of  all  persons  who  have 
been  fined,  and  the  sums  which  they  have  been  fined,  and  what  fines  remain  unpaid. 

IMS.  Verified  by  Oath.]  §  34.  The  board  of  auditors  or  county  board  may  require 
such  accounts  to  be  verified  by  the  oath  or  affirmation  of  the  commissioners. 

1  IT.  Approved  or  Rejected.]  §  35.  The  accounts  of  the  commissioners  of  high- 
ways,  approved  by  the  auditors  or  county  board,  shall  be  so  certified ;  those  rejected  shall 
be  so  marked. 

f  l§.  Delivered  to  Clerk.]  §  36.  The  accounts  so  audited,  including  those  rejected, 
shall  be  delivered  to  the  town  or  county  clerk,  as  the  case  may  be,  to  be  kept  by  him  on 
file  for  the  inspection  of  any  of  the  inhabitants  of  the  respective  towns  and  road  districts. 

HH.  Copy  of  Account.]  §  37.  In  counties  not  under  township  organization,  a  copy 
of  the  accounts  so  audited  shall  be  retained  by  the  clerk  of  the  highway  commissioners,  and 
produced  by  him,  at  the  next  annual  meeting  in  the  road  district,  and  there  read  by  one 


Ciiap.  93.  §§  120 — 131.  387  Roads  and  Bridges. 

Improvements  Estimated  -  -  -  Suit  for  Poll  Tax. 

% 

of  the  commissioners  of  highways  for  the  information  of  the  inhabitants  of  said  road  dis¬ 
trict. 

120.  Improvements  Estimated.]  §  38.  At  the  annual  town  or  road  district  meeting, 
the  commissioners  shall  make  a  written  statement  of  the  improvements  necessary  to  be 
made  on  the  roads  and  bridges  in  their  town  or  road  district,  during  the  next  ensuing  year, 
and  an  estimate  of  the  probable  expense  of  making  the  same. 

S2B.  Estimate  of  Income.]  §  39.  They  shall  also  make  a  written  estimate  of  the 
probable  income  from  poll  tax,  and  such  real  and  personal  tax  as  they  are  authorized  by 
law  to  levy. 

122.  Power  of  Voters.]  §  40.  In  counties  under  township  organization,  all  road  . 
matters  shall  be  acted  upon  at  the  same  time  as  other  town  matters,  and  in  counties  not 
under  township  organization,  at  two  o’clock  in  the  afternoon,  at  which  time  the  voters 
present  in  the  road  district  may  elect  one  of  their  number  chairman. 

12«$.  Additional  Taxation.]  §  41.  If  the  commissioners  of  highways,  or  any  three 
legal  voters,  shall  give  notice,  by  posting  notices  in  at  least  three  of  the  most  public  places 
in  the  town  or  road  district  at  least  1 0  days  before  the  annual  meeting,  that  a  larger 
amount  of  money  will  be  required  for  the  purpose  of  constructing  or  repairing  roads  or 
bridges  in  their  town  or  road  district,  than  can  be  realized  from  the  poll  tax,  and  real  and 
personal  property  tax  authorized  by  law  to  be  assessed  by  the  commissioners,  the  legal 
voters  present  at  such  meeting  may  authorize  an  additional  amount  to  be  raised  by  tax,  not 
exceeding  60  cents  on  each  $100.  valuation. 

12-J:.  Regular  Annual  Tax.]'  §  42.  The  highway  commissioners  of  each  town  and 
road  district  shall  annually  ascertain,  as  near  as  practicable,  how  much  money  must  be 
raised  by  tax  on  real  and  personal  property,  for  highway  purposes,  during  the  ensuing 
year  ;  and  they  shall,  in  counties  under  township  organization,  give  to  the  supervisor  of  the 
township  and  in  Cook  county  to  the  county  board  a  statement  of  the  amount  necessary  to 
be  raised  —  signed  by  a  majority  of  said  commissioners  —  on  or  before  the  Tuesday  next 
preceding  the  annual  September  meeting  of  the  board  of  supervisors,  who  shall  cause  the 
same  to  be  submitted  to  said  board  for  their  action  at  such  September  meeting  of  said 
board. 

12o.  Return  to  Co.  Clerk.]  And  in  counties  not  under  township  organization,  said 
amount  required  to  be  raised,  with  a  list  of  the  resident  taxpayers,  alphabetically  arranged, 
shall  be  certified  and  returned  to  the  county  clerk,  on  or  before  the  first  Monday  in  Sep¬ 
tember  in  each  year  :  Provided ,  that  if  the  amount  to  be  raised  is  determined  by  a  vote 
at  the  town  or  road  district  meeting,  that  fact  and  amount  shall  be  so  certified  and  returned 
as  aforesaid. 

120.  Extending  the  Tax.]  §  43.  According  to  the  amount  certified  as  aforesaid, 
the  county  clerk,  when  making  out  the  tax  books  of  state  and  county  taxes  for  the  collec¬ 
tor,  shall  extend  the  necessary  tax  in  a  separate  column  against  each  taxpayer’s  name,  or 
taxable  property,  as  other  taxes  are  extended,  which  shall  be  collected  the  same  as  state 
and  county  taxes. 

127.  Aggregate  Certified.]  §  44.  It  shall  be  the  duty  of  the  county  clerk  to  make 
out  and  deliver  on  demand,  to  the  treasurer  of  the  commissioners  of  highways,  a  certificate 
of  the  aggregate  amount  of  tax  so  levied  and  placed  upon  the  tax  books. 

128.  When  Paid  Over.]  §  45.  The  tax  so  collected  shall  be  paid  to  the  treasurer 
of  the  commissioners  of  highways,  by  the  collector  or  sherjff,  as  the  case  may  be,  as  filst 
as  the  same  is  collected,  except  such  rate  per  cent,  as  shall  be  allowed  for  collecting  the 
same. 

1211.  Assessing  Poll  Tax.]  §  46.  The  commissioners  of  highways  shall,  on  or  be¬ 
fore  the  first  day  of  May  in  each  year,  make  out  and  deliver  to  their  treasurer  a  list  of  all 
able-bodied  men  in  their  town  or  district,  between  the  age  of  21  and  50  years,  and  shall 
assess  against  each  person  upon  such  list  the  sum  of  $2.,  as  a  poll  tax,  for  highway  pur¬ 
poses,  to  be  paid  to  such  treasurer  by  the  first  Monday  in  July  of  each  year. 

a:so.  Each  Person  Notified.]  §  47.  Within  30  days  after  such  list  is  delivered  to 
such  treasurer,  he  shall  cause  written  or  printed  notice  to  be  given  to  each  person  so  as¬ 
sessed.  notifying  him  of  the  time  when,  and  place  where,  such  tax  must  be  paid,  or  its 
equivalent  in  labor  performed. 

j:si.  Suit  for  Poll  Tax.]  §  48.  If  the  amount  so  assessed  shall  not  be  paid  nor 
the  labor  performed  by  the  first  Monday  of  July  in  such  year,  or  within  10  days  after  notice 


Chap.  93. 


132—139. 


388 


Koads  and  Bridges. 


Location  or  Vacation  -  -  -  Amount  of  Damages. 


—  if  notice  is  given  after  that  time  —  it  shall  be  the  duty  of  the  treasurer  to  bring  suit 
therefor  against  such  person,  before  some  justice  of  the  peace  having  jurisdiction  —  if  in  a 
county  under  township  organization,  in  the  name  of  the  town,  or  if  in  a  county  not  under 
township  organization,  in  the  name  of  the  commissioners  of  highways. 

133.  Location  or  Vacation.]  §  49.  The  commissioners  of  highways  may  alter, 
widen  or  vacate  any  road,  or  lay  out  any  new  road  in  their  respective  town  or  road  district, 
when  petitioned  by  any  number  of  freeholders  not  less  than  12,  residing  within  three  miles 
of  the  road  so  to  be  altered,  widened,  vacated  or  laid  out. 

133.  The  Petition  Required.]  Said  petition  shall  set  forth,  in  writing,  a  descrip- 
•  tion  of  the  road,  and  what  part  thereof  is  to  be  altered,  widened  or  vacated,  and  if  for  a 
new  road,  the  names  of  the  owners  of  lands,  if  known,  and  if  not  known  it  shall  be  so 
stated,  over  which  the  road  is  to  pass,  the  points  at  which  it  is  to  commence,  its  general 
course,  and  the  place  at  or  near  where  it  is  to  terminate. 

134:,  Notice  of  Petition.]  §  50.  Whenever  any  such  number  of  freeholders  deter¬ 
mine  to  petition  the  commissioners  of  highways  for  the  alteration,  widening  or  vacation  of 
any  road,  or  laying  out  any  new  road,  they  shall  cause  a  copy  of  their  petition  to  be  posted 
up  in  three  of  the  most  public  places  in  the  town  or  road  district,  in  the  vicinity  of  the  road 
to  be  laid  out,  altered,  widened  or  vacated,  at  least  10  days  before  any  action  shall  be  had 
in  reference  to  such  petition.  The  posting  of  any  notice  required  by  this  act  may  be  proved 
by  the  affidavit  of  the  person  posting  the  same,  or  by  other  legal  evidence. 

Examining  the  Route.]  §  51.  Whenever  the  commissioners  of  highways 
shall  receive  any  such  petition,  with  proof  of  the  posting  of  copies,  as  in  the  next  pre¬ 
ceding  section  specified,  they  shall  fix  upon  a  time  when  and  where  they  will  meet  to  ex¬ 
amine  the  route  of  such  road,  and  to  hear  reasons  for  or  against  the  altering,  widening, 
vacating  or  laying  out  of  the  same  —  which  meeting  shall  be  within  15  days  of  the  time  of 
receiving  such  petition  ;  and  they  shall  give  at  least  10  days’  notice  of  the  time  and  place 
of  such  meeting,  by  posting  up  notices  in  three  of  the  most  public  places  in  the  township 
or  road  district,  in  the  vicinity  of  the  road  to  be  widened,  altered  or  vacated. 

136.  Eubl  ic  Decision  Made.]  The  commissioners  may,  by  public  announcement 
and  by  the  posting  of  a  notice  at  the  time  and  place  named  for  the  first  meeting,  adjourn 
the  meeting  from  time  to  time,  but  not  for  a  longer  period  than  20  days  in  all ;  and  shall 
at  the  first,  or  such  adjourned  meeting,  within  said  20  days,  decide  and  publicly  announce 
whether  they  will  grant  or  refuse  the  prayer  of  the  petition,  and  shall  indorse  upon  or 
annex  to  the  petition  a  brief  memorandum  of  such  decision,  to  be  signed  by  the  commis¬ 
sioners.  Such  decision  shall  be  subject  to  revocation,  in  case  the  prayer  of  the  petition  is 
granted,  in  the  manner  hereinafter  provided.  In  case  the  commissioners  refuse  to  grant 
the  prayer  of  the  petition,  they  shall  within  10  days  thereafter  file  the  same  so  indorsed, 
or  with  such  decision  annexed  thereto,  in  the  office  of  the  proper  town  or  county  clerk,  as 
the  case  may  be. 

13T.  For  Vacation  Only.]  §  52.  If  the  petition  is  simply  for  the  vacation  of  a 
road,  and  the  commissioners  of  highways,  or  a  majority  of  them,  shall,  at  such  meeting, 
decide  that  the  prayer  of  the  petitioners  should  be  granted,  they  shall  order  such  road  to 
be  vacated  —  a  copy  of  which  order,  together  with  the  petition,  shall  be  by  them  filed  with  . 
the  county  clerk  of  the  proper  county,  in  counties  not  under  township  organization, 
and  recorded  by  such  clerk  in  a  book  provided  for  that  purpose  ;  but  in  counties  un¬ 
der*  township  organization  they  shall  file  a  copy  of  such  order,  together  with  the  petition, 
with  the  town  clerk;  such  order  to  be  so  filed  within  10  days  after  the  date  of  such  de¬ 
cision. 

138.  Survey  and  Plat  Required.]  §  53.  If  such  petition  is  for  the  establishment 
of  a  new  road,  or  the  alteration  or  widening  of  an  existing  road,  and  the  commissioners 
of  highways,  or  a  majority  of  them,  shall  be  of  the  opinion  that  the  prayer  of  the  peti¬ 
tioners  should  be  granted,  they  shall  cause  a  survey  and  a  plat  of  such  road  to  be  made 
by  a  competent  surveyor,  who  shall  report  such  survey  and  plat  to  said  commissioners, 
giving  the  courses  and  distances,  and  specifying  the  land  over  which  such  road  is  to 
pass  —  in  which  they  may  make  such  changes  between  the  termini  of  the  road  described 
in  the  petition,  as  the  convenience  and  interest  of  the  public,  in  their  judgment,  may 
require. 

131$.  Amount  of  the  Damages.]  They  shall  also,  before  they  order  any  road  to  be 
established,  altered,  widened  or  vacated,  ascertain  the  aggregate  amount  of  damages  which 


389 


Roads  and  Bridges. 


Chap.  93.  140—146. 

Release  of  the  Damages - Service  of  the  Notice. 


the  owner  or  owners  of  the  land  over  which  such  road  is  to  pass  shall  be  entitled  to,  by 
reason  of  the  location,  alteration  or  vacation  of  such  road :  Provided  however ,  that  in  case 
an  appeal  is  taken  from  the  assessment  of  damages  before  the  justice  of  the  peace,  the 
commissioners  may,  in  their  discretion,  make  an  order  laying  out,  widening,  altering  or 
vacating  such  road,  either  before  or  after  such  appeal  is  determined,  in  the  manner  herein¬ 
after  provided. 

140.  Release  op  the  Damages.]  §  54.  The  damages  sustained  by  the  owner  or 
owners  of  the  land,  by  reason  of  the  establishment,  alteration,  widening  or  vacation  of  any 
road,  may  be  agreed  upon  by  the  owners  of  such  lands,  if  competent  to  contract,  and  the 
commissioners  of  highways,  or  they  may  be  released  by  such  owners  —  in  which  cases  the 
agreement  or  release  shall  be  in  writing,  and  shall  be  filed  and  recorded  with  the  copy  of 
the  order  establishing  or  altering  such  road,  and  shall  be  a  perpetual  bar  against  such  own¬ 
ers,  their  grantees  and  assigns,  for  all  further  claims  for  such  damages. 

141.  As  sessment  OP  Damages.]  §  55.  In  case  such  damages  are  not  released  or 
agreed  upon,  as  in  the  preceding  section  specified,  the  commissioners  of  highways  shall, 
within  20  days  from  the  date  of  the  meeting  at  which  it  was  decided  to  grant  the  prayer 
of  the  petition,  make  a  certificate  that  they  are  about  to  establish,  widen,  vacate  or  alter  a 
public  road,  describing  such  road,  vacation,  widening  or  alteration,  and  the  land  over  or 
on  which  such  road  is  to  be  established,  altered,  widened  or  vacated,  and  naming  the 
owners  of  such  land,  if  known,  and  If  not  known,  stating  that  fact,  and  asking  for  a  jury 
to  assess  the  damages  of  such  owners,  and  shall  present  such  certificate  to  some  justice  of 
the  peace  of  the  county,  who  shall  summon  a  jury  of  six  persons  in  the  manner  hereinafter 
provided,  having  the  qualifications  of  jurors,  to  appear  before  such  justice  of  the  peace  at  a 
time  to  be  fixed  by  him,  within  10  days  from  the  time  such  certificate  was  presented  to  him, 
to  assess  such  damages. 

O  _ 

14*3.  Resident  Owner  Notified.]  The  commissioners  of  highways  shall  also  notify 
each  and  every  owner  of  land  —  if  known,  and  a  resident  of  the  county — whose  damages 
are  to  be  assessed,  that  they  will  apply  to  some  justice  of  the  peace  of  the  county  (giving 
the  time  when,  and  place  where)  to  have  a  jury  impaneled  to  assess  such  damages. 

143.  Selecting  a  Jury.]  Upon  the  presentation  of  such  certificate  by  the  commis¬ 
sioners  of  highways,  the  justice  of  the  peace  shall  forthwith  name  18  persons  having  the 
qualifications  of  jurors,  and  who  shall  also  be  freeholders,  one-third  of  whom  shall  not  be 
residents  of  the  town  or  road  district  in  which  the  proposed  road  is  located.  The  commis¬ 
sioners  of  highways  shall  have  the  right  to  strike  from  such  list  of  names  the  names  of  six 
of  such  persons  named,  and  the  owners  of  the  lands  whose  damages  are  to  be  assessed  — 
or  their  authorized  agent  or  agents,  shall  also  have  the  right  to  strike  from  such  list  the 
names  of  six  other  persons ;  and  the  six  persons  whose  names  still  remain  on  said  list,  shall 
comprise  the  jury  to  assess  such  damages  :  Provided ,  that  if  the  commissioners  of  highways 
and  the  owners  of  lands  shall  fail  to  strike  from  such  list  the  names  of  twelve  persons,  the 
justice  of  the  peace  shall  select  from  the  names  still  remaining,  the  six  persons  to  constitute 
said  jury. 

144.  Challenges  :  Filling  Vacancy.]  At  the  trial  of  the  case,  either  party  shall 
have  the  right  of  challenge  for  cause,  and  for  that  only ;  and  any  deficiency  in  the  number 
of  jurors,  from  whatever  cause,  shall  be  supplied  by  summoning  other  persons  residing  in 
the  township  or  road  district,  or  in  an  adjoining  township  or  road  district.  Such  justice  of 
the  peace  shall  notify  the  owners  of  such  land  mentioned  in  such  certificate  to  appear  at  the 
same  time  before  such  justice  to  prove  their  damages. 

14*5.  Unknown  Owner  Notified.]  In  case  it  shall  appear  either  from  the  certificate 
of  the  commissioners,  the  affidavit  of  any  person,  or  the  return  of  any  officer  to  whom  the 
notice  may  be  delivered  for  service,  that  there  is  any  unknown  owner  or  owners  who  can¬ 
not  be  found  and  served  within  the  county,  such  justice  shall  also  cause  notices  to  be.  posted 
in  three  of  the  most  public  places  in  the  vicinity  of  such  proposed  road  or  alteration,  at  least 
six  days  before  the  time  fixed  for  the  appearance  of  such  jury,  stating  when  such  jury  is  to 
be  impaneled  by  him,  and  describing  the  road  to  be  established,  altered,  widened  or  vacated 
as  petitioned  for,  and  the  lands  for  which  damages  are  to  be  assessed. 

14«.  S  ervice  op  the  Notice.]  §  56.  The  notice  to  such  owners  of  lands  may  be 
served  by  any  constable  or  one  of  the  petitioners,  or  other  person  of  lawful  age,  at  least  five 
days  before  the  time  of  appearance.  If  any  of  such  owners  is  an  infant,  such  summons 
shall  be  served  by  delivering  a  copy  to  the  infant  or  its  guardian,  if  any ;  if  no  guardian. 


Chap.  93. 


147 — 154. 


390 


Boads  and  Bridges. 


Jury  Sworn:  Trial  -  -  -  All  Proceedings  Revoked. 

the  person  with  whom  he  or  she  resides;  if  any  owner  is  a  lunatic  or  habitual  drunkard 
having  a  conservator,  or  insane,  by  delivering  a  copy  to  liis  conservator,  if  any ;  if  any  such 
owner  is  a  married  woman,  by  delivering  a  copy  to  her. 

144.  Jury  Sworn:  Trial.]  §  57.  The  jury  shall  appear  before  and  be  sworn  or 
affirmed  by  such  justice,  faithfully  and  impartially  to  assess  the  damage  of  each  of  the 
owners  specified  in  such  certificate,  or  those  of  them  whose  claims  are  then  to  be  adjusted, 
according  to  law  to  the  best  of  their  judgment  and  understanding,  and  all  parties  in  interest 
shall  be  entitled  to  subpenas  and  other  writs  and  papers,  and  the  trial  shall  be  conducted  as 
in  other  civil  cases. 

1*48.  Evidence:  View:  Verdict.]  The  jury  shall  hear  such  lawful  evidence  touch¬ 
ing  the  question  of  such  damages  as  may  be  presented  to  them;  and  shall  also,  on  request 
cf  a  majority  of  the  road  commissioners  or  owners  of  lands  whose  damages  are  to  be  deter¬ 
mined,  in  a  body,  visit  and  examine  the  proposed  location,  alteration,  widening  or  vacation 
of  such  road,  and  the  lands  to  be  taken  and  affected  thereby,  and  make  a  written  verdict 
specifying  the  amount  of  damages,  if  any,  which  each  such  owner  shall  recover,  and  return 
the  same  to  such  justice,  to  be  by  him  entered  on  his  docket  in  the  nature  of  a  judgment, 
to  be  paid  by  such  commissioners,  together  with  the  costs  of  such  suit,  in  case  they  shall 
finally  determine  to  establish,  alter,  widen  or  vacate  such  road ;  and  the  money  therefor 
shall  be  paid  by  the  town  or  road  district,  out  of  the  funds  in  the  hands  of  the  treasurer  of 
the  commissioners  of  highways,  raised  for  road  and  bridge  purposes,  or  any  person  inter¬ 
ested  in  such  road : 

1411.  Several  Different  Ow  iers.]  Provided ,  that  when  there  are  several  such 
owners  the  jury  may  assess  the  damages  of  one  or  more  or  all  of  them  at  the  same  time,  or 
they  may  assess  such  damages  at  different  times,  or  there  may  be  different  juries  and  trials 
at  different  times  for  different  owners,  as  a  majority  of  the  commissioners  of  highways  may 
determine ;  and  any  such  assessment  of  damages  may  be  continued  from  time  to  time  for 
good  cause,  with  the  like  effect  as  continuances  in  other  cases  before  justices  of  the  peace. 

1^0.  Appeal  to  Circuit  Court.]  §  58.  The  commissioners  of  highways,  or  any 
person  interested  in  such  verdict,  may  appeal  from  such  judgment  to  the  circuit  court  of  the 
proper  county,  at  any  time  within  20  days  from  the  rendition  of  such  judgment,  by  giving 
bond,  with  approved  security,  to  be  approved  by  such  justice  of  the  peace,  or  by  the  clerk 
of  the  circuit  court  to  which  the  appeal  is  taken.  Infants  may  appeal  by  their  guardian  or 
next  friend,  lunatics  or  insane  persons  by  their  conservator  or  next  friend,  and  married 
women  by  themselves  or  their  husbands,  or  jointly  with  their  husbands;  and  the  bonds  so 
executed  by  them,  respectively  or  jointly,  shall  be  valid  against  persons  under  such  disa¬ 
bility  and  their  securities. 

151.  Papers  and  Transcript.]  §  59.  When  an  appeal  is  taken,  the  justice  of  the 
peace  shall,  within  10  days  from  the  time  the  appeal  is  perfected,  send  all  the  papers 
with  a  certified  copy  of  his  docket  to  the  office  of  the  clerk  of  the  court  to  which  such  appeal 
is  taken. 

15$£.  Trial  of  the  Appeal.]  §  GO.  The  trial  of  such  appeal  shall  be  as  in  other 
appeal  cases,  and  the  judgment  of  the  court  shall  be,  that  the  amount  so  found  for  the  own¬ 
ers,  if  any  is  so  found,  shall  be  payable  with  cost  as  provided  in  §  57  of  this  act. 

153.  Final  Determination.]  §  61.  Within  30  days  after  the  total  amount  of  dam¬ 
ages  shall  have  been  ascertained,  either  by  release  or  the  agreement  of  parties,  or  by  assess¬ 
ment  before  a  justice  of  the  peace  and  a  jury,  in  the  manner  hereinbefore  provided,  the 
commissioners  shall  hold  a  meeting  to  finally  determine  upon  the  laying  out,  altering, 
widening  or  vacation  of  such  road,  of  which  meeting  said  commissioners  shall  give  public 
notice  by  causing  not  less  tffi  n  three  notices  thereof  to  be  posted  in  public  places  within  the 
town  or  road  district,  at  least  five  days  prior  thereto. 

154.  All  Proceedings  Revoked.]  In  cases  where  the  damages  are  not  wholly 
released  or  agreed  upon,  and  the  commissioners  shall  be  of  the  opinion  that  the  damages 
assessed  by  the  jury  are  manifestly  too  high,  and  that  the  payment  of  the  same  would  be 
an  unreasonable  burden  upon  the  taxpayers  of  the  town  or  road  district,  the  commissioners 
may  revoke  all  proceeding  had  upon  the  petition  by  a  written  order  to  that  effect.  And 
such  revocation  shall  have  the  effect  to  annul  all  such  proceedings  and  assessments,  releases 
and  agreements,  in  respect  to  damages  growing  out  of  the  proceedings  upon  the  petition, 
unless  the  decision  of  the  commissioners  is  appealed  from  and  reversed  or  modified  on  such 
appeal,  as  herein  provided. 


Chap.  93.  §§  155 — 162.  391  Roads  and  Bridges. 

Final  Order  Signed  -  -  -  Crops  or  Fence  Removed. 


155.  Final  Order  Signed.]  In  case  the  commissioners  shall  not  revoke  such  prior 
proceedings  they  shall  make  an  order,  to  he  signed  by  them,  declaring  such  road  so  altered, 
widened  or  laid  out,  a  public  highway,  and  which  order  shall  contain  or  have  annexed 
thereto  a  definite  description  of  the  line  of  such  road,  together  with  a  plat  thereof.  The 
commissioners  shall,  within  10  days  from  the  date  of  such  order,  cause  the  same,  together 
with  the  report  of  the  surveyor,  the  petition,  and  releases  or  agreements  in  respect  to 
da  wages,  to  be  deposited  and  tiled  in  the  office  of  the  town  clerk  ;  and  in  counties  not  under 
township  organization,  in  the  office  of  the  county  clerk;  and  such  clerks  shall  respectively 
note  upon  such  order  the  date  of  such  tiling.  It  shall  be  the  duty  of  such  clerks,  after  the 
time  fur  appeal  to  supervisors  or  other  commissioners  has  expired,  and  in  case  of  such 
appeal  after  the  same  shall  have  been  determined,  in  case  the  prayer  of  the  petition  is 
granted,  to  record  such  order,  together  with  the  plat  of  the  surveyor,  in  a  proper  book  to 
be  kept  for  that  purpose. 

156.  Release  or  Agreement  Made.]  In  cases  where  the  damages  claimed  by  the 
land  owners  for  the  right  of  way  is  released,  or  is  agreed  upon  between  the  land  owners 
and  the  commissioners,  the  commissioners  may,  at  their  first  meeting,  or  at  any  adjourned 
meeting,  examine  the  route  of  the  road,  and  cause  a  survey  thereof  to  be  made,  and  make 
their  order  establishing,  altering,  widening  or  vacating  the  road,  according  to  the  prayer  of 
the  petition,  and  return  the  same  within  the  time  and  in  the  manner  specified  in  this  act. 

157.  Payment  of  the  Damages.]  §  62.  In  case  the  person  to  whom  any  damage  is 
assessed  is  not  a  resident  of  the  county  or  is  under  disability,  the  amount  of  the  damages  as¬ 
sessed  to  such  person  may  be  deposited  with  the  justice  of  the  peace,  or  clerk  of  the  court 
where  the  judgment  for  such  damages  is  entered  or  was  recovered,  and  no  road  shall  be 
opened  until  such  damages  have  been  so  deposited,  or  the  amount  thereof  has  been  tendered 
or  paid  to  the  person  entitled  to  receive  the  same. 

158.  Contracts  with  Commissioners.]  §  63.  Any  person  or  persons  interested  in 
the  establishment,  alteration,  widening  or  vacation  of  any  road  in  this  state,  are  hereby  au¬ 
thorized  to  offer  inducements  to  the  commissioners  of  highways,  for  the  establishment,  alter¬ 
ation,  widening  or  vacating  of  any  such  road,  by  entering  into  contract  with  said  commis¬ 
sioners,  conditioned  upon  such  establishment,  alteration,  widening  or  vacating,  to  pay  money 
or  any  other  valuable  thing  to  the  town  or  road  district,  for  the  benefit  of  the  road  and 
bridge  funds  of  the  same ;  or  to  perform  any  labor,  or  to  construct  any  road,  bridge  or  cul¬ 
vert  on  any  road  which  said  person  or  persons  desire  to  have  established,  widened  or  altered. 
And  such  contracts,  in  writing,  made  with  said  commissioners,  shall  be  deemed  good  and 
valid  in  law,  and  may  be  enforced  by  said  commissioners  or  their  successors  in  office,  before 
any  court  having  jurisdiction. 

loTO.  The  Record  as  Evidence.]  §  64.  The  record  of  the  county  or  town  clerk,  as 
the  case  may  be,  or  a  certified  copy  of  such  record  and  papers,  relating  to  the  establishment, 
location,  alteration,  widening  or  vacation  of  any  road,  shall  be  prima  facie  evidence  in  all 
cases  that  all  the  necessary  antecedent  provisions  had  been  complied  with,  and  that  the  ac- 
tiorf  of  the  commissioners  of  highways,  or  other  persons  and  officers,  in  regard  thereto,  were 
regular  in  all  respects. 

160.  Opening  Private  Road.]  §  65.  Private  roads  and  cartways,  for  private  and 
public  use,  leading  from  any  dwelling  or  land  to  a  public  road,  or  from  one  public  road  to 
another,  may  be  located  and  established  in  the  same  manner  as  provided  in  this  act  for  pub¬ 
lic  roads,  except  that  the  same  may  be  petitioned  for  by  one  or  more  persons ;  and  the  peti¬ 
tion  shall  state  the  width  of  road  desired  by  the  petitioners  ;  and  such  roads  and  cartways 
shall  not  be  more  than  50  feet  wide ;  and  in  all  cases  the  petitioner  or  petitioners  shall  pay 
all  the  costs  of  such  location,  and  all  the  damages  that  may  be  awarded  to  the  owners  of  the 
land  over  which  such  private  road  or  cartway  shall  run,  before  the  same  shall  be  opened,  un¬ 
less  the  jury  which  assesses  such  damages  should  award,  or  the  commissioners  of  highways 
shall  agree,  that  a  part  of  such  damages  be  paid  by  the  town  or  road  district ;  and  all  parties 
interested  shall  have  the  same  right  to  appeal  in  all  cases,  as  provided  in  this  act  for  public 
roads. 

161.  Time  of  Opening.]  §  66.  If  such  private  road  or  cartway  shall  not  be  opened 
by  the  petitioners  or  their  assigns  within  one  year  from  the  time  of  making  the  order  for  the 
location  of  the  same,  such  order  shall  be  regarded  as  rescinded. 

16t|.  Crops  or  Fence  Removed.]  §  67.  When  such  private  road  or  cartway  is  pro¬ 
posed  to  pass  over  inclosed  lands,  the  owners  of  such  lands  shall  have  a  reasonable  time,  not 


Roads  and  Bridges. 


Chap.  93.  §§  163—171.  392 

Working  Private  Roads  -  -  -  Decision  of  the  Majority. 

exceeding  eight  months,  to  be  designated  by  the  commissioners  of  highways,  to  harvest  crops 
and  remove  fences  which  may  be  on  such  land  before  such  road  or  .cartways  shall  be  opened. 

163.  Working  Private  Roads.]  §  68.  The  commissioners  of  highways  may,  in  their 
discretion,  pay  persons  who  live  on  or  have  private  roads,  which  are  used  by  the  public,  for 
work  done  on  such  roads  ;  but  in  no  case  shall  they  be  allowed  more  than  the  amount  of 
their  road  tax  for  the  year  in  which  the  work  is  done. 

IGdL  Road  on  Town  Line.]  §  69.  Public  roads  may  be  established,  altered,  widened 
or  vacated  on  township  or  county  lines,  in  the  same  manner  as  other  public  roads,  except  * 
that  in  such  case  a  copy  of  the  petition  shall  be  posted  up  in  and  presented  to  the  commis¬ 
sioners  of  highways  of  each  town  or  road  district  interested ;  whereupon  it  shall  be  the  duty 
of  the  commissioners  of  highways  of  the  several  towns  or  districts  to  meet  and  act  as  one 
body,  in  the  same  time  and  manner  as  in  other  cases,  in  considering  the  petition,  viewing 
the  premises,  adjusting  damages  and  making  all  orders  in  reference  to  such  proposed  road, 
alteration,  widening  or  vacation,  and  a  majority  of  all  such  commissioners  must  concur  in 
all  such  orders ;  and  a  copy  of  all  final  orders  and  plats  and  papers  shall  be  filed  and  re¬ 
corded  in  each  of  the  counties,  towns  or  road  districts  interested. 

M!«5.  Division  of  the  Work.]  They  shall  also,  in  case  a  new  road  is  established, 
allot  to  each  of  such  towns  or  districts  the  part  of  such  road  which  such  town  or  district  shall 
open  and  keep  in  repair,  and  the  part  so  allotted  shall  be  considered  as  wholly  belonging  to 
such  town  or  district.  They  shall  also  divide  the  expenses  and  damages  which  may  accrue 
from  such  location,  widening  or  alteration,  and  if  they  cannot  agree  they  shall  refer  the  mat¬ 
ter  to  three  disinterested  freeholders,  as  arbitrators,  whose  decision  shall  be  final. 

MMS.  Appeal  to  Three  Supervisors.]  §  70.  Any  person  oj  persons  interested  in 
the  decision  of  the  commissioners  of  highways,  in  determining  to  or  in  refusing  to  lay  out, 
alter,  widen  or  vacate  any  road,  or  revoking  any  previous  order  or  decision  relative  to  any 
road,  may  appeal  from  such  decision  to  three  supervisors  of  the  county,  outside  of  the  town 
in  which  such  road  or  proposed  road  is  located,  by  giving  a  written  notice  of  such  appeal  to 
the  said  commissioners  of  highways  and  to  at  least  three  of  the  petitioners,  and  also,  to  the 
same  parties,  a  notice  when  and  where  such  appeal  will  be  tried,  at  least  three  days  before 
such  trial,  within  10  days  after  such  decision -has  been  filed  in  the  office  of  the  proper  clerk, 
and  shall  also  present  a  written  petition  to  some  justice  of  the  peace  of  the  county,  asking 
for  an  appeal,  and  stating  on  what  grounds  such  appeal  is  taken. 

1$I7.  Hearing  Such  Appeal.]  It  shall  be  the  duty  of  the  justice  of  the  peace  to 
cause  to  be  summoned  three  supervisors  of  the  county,  to  hear  such  appeal,  and  said  super¬ 
visors  shall  fix  upon  a  time  and  place  when  said  appeal  will  be  heard  by  them ;  and  upon 
such  appeal  the  said  supervisors  shall  have  the  same  power  and  authority  that  is  by  this  act 
conferred  on  the  commissioners  of  highways,  not  only  in  regard  to  the  laying  out,  alter¬ 
ing,  widening  or  vacating  any  road,  but  shall  have  the  same  power  to  cause  a  jury  to  be 
called  to  assess  damages  —  whenever  the  state  of  the  proceedings  may  require  it  and  the 
supervisors  cannot  agree  with  the  owners  of  land  in  regard  to  the  same. 

1©8.  Report  of  Proceedings.]  And  they  shall  make  a  report  of  their  proceedings 
and  decision  in  the  case,  and  in  like  manner  that  is,  by  this  act,  required  by  the  highway 
commissioners  ;  and  shall  be  entitled  to  the  same  compensation  ;  and  their  decision  shall  be 
final  in  regard  to  laying  out,  altering,  widening  or  vacating  such  road,  or  in  refusing  to  do 
the  same,  for  one  year  after  such  decision. 

163$.  Costs  :  Cost-Bond.]  Any  parties  taking  an  appeal  from  the  award  or  the  de¬ 
cision  of  the  three  supervisors,  highway  commissioners,  or  the  verdict  of  a  jury,  shall  pay  the 
cost  of  such  appeal,  in  case  the  award  or  the  decision  of  said  supervisors,  highway  commis¬ 
sioners,  or  the  verdict  of  a  jury  is  in  all  things  sustained  ;  and  shall  file  a  sufficient  bond 
with  the  justice  of  the  peace,  town  or  county  clerk  —  as  the  case  maybe  —  before  taking 
such  appeal,  guaranteeing  such  payment  in  such  case. 

I  TO.  Mode  of  Appealing.]  In  cases  of  appeal,  as  provided  for  in  this  section,  in 
counties  not  under  township  organization,  the  appeal  shall  be  to  three  commissioners  of 
highways  of  some  road  district  in  the  county,  other  than  the  road  district  in  which  the  ap¬ 
peal  is  taken,  who  shall  have  the  same  powers  and  compensation,  and  perform  the  same 
duties,  that  is  required  of  the  three  supervisors  in  this  section. 

171.  Decision  of  the  Majority.]  §  71.  The  decision  of  a  majority  of  the  supervis¬ 
ors  or  commissioners  of  highways  selected,  in  any  appeal  case,  or  of  the  commissioners  of 
highways  in  any  case  before  them,  shall  be  taken  as  the  decision  ot  said  supervisors  or  com¬ 
missioners  of  highways. 


Chap.  93.  §§  172 — 180.  393  Roads  and  Bridges, 

Other  Appeal  Cases  -  -  -  Bridge  being  Neglected. 


1 7£.  Other  Ap  peal  Cases.]  §  72.  When  the  commissioners  of  highways  of  one 
town  or  district  disagree  with  the  commissioners  of  highways  of  an  adjoining  town  or  dis¬ 
trict,  in  regard  to  the  laying  out  of  a  new  road,  or  the  alteration,  widening  or  vacation  of  an 
old  road,  on  any  county,  town  or  district  line,  appeals  may  be  taken  from  such  decision  in 
the  same  manner  as  set  forth  in  §  70  of  this  act :  Provided ,  that  when  such  decision  is  in 
regard  to  a  road  on  a  county  line,  in  counties  under  township  organization,  two  supervisors 
and  one  commissioner  of  highways  shall  be  selected  from  one  county,  and  two  commission¬ 
ers  of  highways  and  one  supervisor  shall  be  selected  from  [the]  other.  The  county  from 
which  the  two  supervisors  shall  be  selected  shall  be  determined  by  the  party  or  parties 
taking  the  appeal ;  and  the  justice  of  the  peace  shall  issue  his  summons  accordingly.  In 
counties  not  under  township  organization,  three  commissioners  of  highways  shall  be  selected 
from  one  county  interested  and  four  from  the  other. 

173.  Concerning  Repairs.]  §  73.  All  roads  heretofore  laid  out  upon  town,  district 
or  county  lines,  shall  be  divided,  allotted,  and  kept  in  repair,  in  the  manner  as  hereinbefore 
directed.  Any  public  road  that  is  or  shall  hereafter  be  laid  out  on  a  county  or  town  line, 
shall  be  held  to  be  a  road  on  a  county  or  town  line,  although,  owing  to  the  topografihy  of 
the  ground  along  said  county  or  town  line,  or  at  the  crossing  of  any  stream  of  water,  the 
proper  authorities,  in  establishing  or  locating  such  road,  may  have  located  a  portion  of  the 
same  to  one  side  of  such  county  or  town  line. 

174:.  On  State  Line.]  §  74.  Roads  may  be  laid  out  and  opened  upon  the  line  be¬ 
tween  this  and  any  adjoining  state,  as  provided  in  the  preceding  sections,  whenever  the  laws 
of  such  adjoining  state  shall  be  applicable. 

17d.  Bridge  on  Division  Stream.]  §  75.  Bridges  over  streams  which  divide 
towns,  counties  or  road  districts,  and  bridges  over  streams  on  roads  on  county,  town  or  dis¬ 
trict  lines,  shall  be  built  and  repaired  at  the  equal  expense  of  such  towns,  counties  or  road 
districts. 

176.  Contract  for  Building.]  §  76.  For  the  purpose  of  building  or  keeping  in 
repair  such  bridge  or  bridges,  it  shall  be  lawful  for  the  commissioners  of  highways  of  such 
adjoining  towns,  counties  or  road  districts,  to  enter  joint  contracts ;  and  such  contracts  may 
be  enforced,  in  law  or  equity,  against  such  commissioners,  jointly,  the  same  as  if  entered 
into  by  individuals,  and  such  commissioners  may  be  proceeded  against,  jointly,  by  any  par¬ 
ties  interested  in  such  bridge  or  bridges,  for  any  neglect  of  duty  in  reference  to  such  bridge 
or  bridges,  or  for  any  damages  growing  out  of  such  neglect. 

177.  Neglecting  to  Build.]  §  77.  If  the  commissioners  of  highways  of  either  of 
such  towns  or  road  districts,  after  reasonable  notice  in  writing  from  the  commissioners  of 
highways  of  any  other  of  such  towns  or  road  districts,  shall  neglect  or  refuse  to  build  or 
repair  any  such  bridge,  when  any  contract  or  agreement  has  been  made  in  regard  to  the 
same,  it  shall  be  lawful  for  the  commissioners  so  giving  notice  to  build  or  repair  the  same, 
and  to  recover  by  suit  one  half  (or  such  amount  as  shall  have  been  agreed  upon)  of  the  ex¬ 
pense  of  so  building  or  repairing  such  bridge,  with  costs  of  suit  and  interest  from  the  time 
of  the  completion  thereof,  from  the  commissioners  so  neglecting  or  refusing. 

178.  Any  Judgment  Enforced.]  §  78.  Any  judgment  so  recovered  against  the  com¬ 
missioners  of  highways  of  either  of  such  towns  or  road  districts,  shall  be  a  charge  on  such 
town  or  road  district,  as  the  case  may  be,  unless  the  court  shall  certify  that  the  neglect  or 
refusal  of  such  commissioners  was  wilful  or  malicious,  in  which  case  only  such  commissioners 
shall  be  personally  liable  for  such  judgment,  and  the  same  may  be  enforced  against  them 
in  their  personal  and  individual  capacity. 

170.  Building  Expensive  Bridge.]  §  79.  When  it  shall  be  necessary  to  build,  con¬ 
struct  or  repair  any  bridge  or  road  in  any  town  or  road  district,  which  would  be  an  unrea¬ 
sonable  burden  to  the  same,  the  cost  of  which  will  be  more  than  can  be  raised  by  ordinary 
road  taxes  in  such  town  or  road  district,  the  commissioners  of  highways  shall  present  a 
petition  to  the  county  board  of  the  county  in  which  such  town  or  road  district  is  situated, 
praying  for  an  appropriation  from  the  county  treasury  to  aid  in  the  building,  constructing 
or  repairing  of  such  bridge  or  road  ;  and  such  county  board  may  make  an  appropriation  of 
so  much  for  that  purpose  as,  in  their  judgment,  the  nature  of  the  case  requires  and  the 
funds  of  the  county  will  justify  —  said  appropriation  to  be  expended  under  the  supervision 
of  an  authorized  agent  or  agents  of  the  county,  if  the  county  board  shall  so  order. 

186.  Bridge  being  Neglected.]  §  30.  Whenever  it  shall  be  represented  to  the 
county  board  of  any  county,  by  the  petition  of  at  least  25  legal  voters  of  such  couuty  or 


Chap.  93. 


181—187. 


394 


Hoads  and  Bridges. 


Road  Plats  Recorded  -  -  -  Drainage  for  a  Road. 


ef  an  adjoining  county,  that  any  bridge  or  road,  in  any  town  or  road  district,  or  any  bridge 
or  road  on  any  town,  district  or  county  line  in  such  county,  should  be  built,  constructed  or 
repaired,  and  that  the  same  has  been  improperly  neglected  by  the  commissioners  of  high¬ 
ways  of  such  town  or  road  district,  the  county  board  if,  on  investigation,  they  are  satistied 
the  interests  of  the  public  demands  that  such  road  or  bridge  should  be  built,  constructed  or 
repaired,  and  that  such  town  or  road  district  has  sufficient  means  to  build,  construct  or  re¬ 
pair  the  same,  shall  by  resolution  direct  the  commissioners  of  highways  of  such  town  or  road 
district,  whose  duty  it  is  to  construct  or  repair  the  same,  to  build,  construct  or  repair  the 
same,  or  such  part  thereof  as  they  shall  deem  reasonable,  within  the  time  to  be  specified  in 
such  resolution,  and  shall  cause  a  copy  of  such  resolution  to  be  served  on  the  commissioners 
of  highways  of  such  town  or  road  district ;  whereupon  such  commissioners  of  highways 
shall  build,  construct  or  repair  such  bridge  or  road  as  directed  in  such  resolution  of  the 
county  board ;  and  if  said  commissioners  of  highways  shall  fail  or  refuse  to  build,  construct 
or  repair  such  bridge  or  road,  or  culvert,  as  directed  by  such  resolution,  the  county  board 
shall  authorize  some  person  to  build,  construct  or  repair  the  same,  and  cause  the  necessary 
amount  of  the  cost  thereof  to  be  extended  on  the  tax  list  of  such  town  or  road  district,  and 
collected  as  other  road  taxes,  and  applied  to  pay  for  such  improvement :  Provided ,  that  no 
work  shall  be  ordered  to  be  done  or  performed  under  the  provisions  of  this  section  that  will 
cost  more  than  10  cents  on  each  $100.  valuation  of  taxable  property  of  the  town,  or  road 
district,  by  the  last  preceding  assessment  of  the  same. 

181.  Road  Plats  Recorded.]  §  81.  The  county  boards  of  the  several  counties  in, 
this  state,  not  under  township  organization,  shall  provide  necessary  well  bound  books,  in 
which  the  county  clerk  shall  record  all  the  papers,  plats  and  surveys,  and  orders  relating  to 
the  roads  which  have  been  or  may  be  established  in  the  several  road  districts  in  his  county, 
when  the  same  are  reported  to  him  to  be  filed  in  his  office. 

182.  Survey  of  Roads.]  §  82.  Upon  the  petition  of  12  legal  voters,  it  shall  be  the 
duty  of  the  commissioners  of  highways  of  each  town  and  road  district,  within  a  reasonable 
time,  to  employ  a  competent  surveyor,  and  have  any  road  or  roads  designated  in  such  peti¬ 
tion  in  theh  several  towns  and  road  districts  re-surveyed  and  plats  thereof  made,  which 
plats  and  surveys  shall  be  by  them  filed  for  record  in  the  office  of  the  township  or  county 
clerk,  as  the  case  may  be  :  Provided ,  that  this  section  shall  not  apply  where  the  same  has 
been  already  done,  unless  the  exact  location  of  such  road  is  uncertain. 

185.  Vacating  old  Road.]  §  83.  The  establishment  of  a  new  road  on  the  route  of 
a  road  already  established  according  to  law,  shall  not  vacate  the  road  previously  established, 
unless  such  vacation  is  prayed  for  in  the  petition,  and  so  declared  in  the  order  establishing 
the  new  road. 

184.  Commissioners  may  Contract.]  §  84.  The  commissioners  of  highways  of  the 
several  towns  and  road  districts  are  hereby  authorized  to  contract  for  the  building  of  bridges, 
the  constructing  of  roads,  and  the  repairing  of  bridges  and  roads  in  their  respective  towns 
or  road  districts,  and  they  may  let  such  contracts  by  a  public  letting  to  the  lowest  respon¬ 
sible  bidder,  upon  proper  notice  being  given  by  posting  copies  of  such  notice  in  at  least 
three  public  places  in  their  town  or  road  district,  not  less  than  10  days  before  the  time  of 
such  public  letting ;  or  if  they  deem  it  to  be  to  the  interest  of  their  town  or  road  district, 
they  may,  to  an  amount  not  to  exceed  $25.,  privately  contract  with  persons,  as  they  shall 
deem  best,  for  putting  and  keeping  the  roads  and  bridges  in  good  repair ;  but  in  no  case 
shall  such  contracts  exonerate  such  commissioners  from  liability  for  failure  to  keep  such 
bridges  or  roads  in  repair  : 

185.  Road  Tax  Orders.]  Provided ,  that  the  collector  of  taxes  shall  receive  from 
any  tax  payer  in  payment  of  said  tax  payer’s  road  and  bridge  tax  any  order  of  the  commis¬ 
sioners  of  highways,  on  their  treasurer,  for  work  done  on  or  material  furnished  for  the  con¬ 
struction  or  repairs  of  the  highways  or  bridges  in  any  sum  not  to  exceed  the  amount  of 
such  person’s  road  and  bridge  tax  then  due. 

18©.  Poll  Tax  Worked  Out.]  §  85.  The  commissioners  of  highways  may  contract 
with  persons  owing  poll  tax  for  road  purposes  to  perform  a  certain  amount  of  labor  on  any 
road  or  bridge  in  their  town  or  road  district,  -for  the  amount  of  such  tax,  and  if  the  work 
is  done  within  the  time  that  the  money  should  have  been  paid,  the  commissioners  shall 
give  such  person  an  order  on  their  treasurer,  which  shall  be  received  by  him,  instead  of  the 
money. 

187.  Drainage  for  a  Road.]  §  86.  Whenever  a  public  road  or  highway  shall  pass 


Roads  and  Bridges. 


Chap.  93.  §§  188—194.  395 

Removal  of  Fences  -  -  -  Confiding  Acts  Repealed. 

over  low  or  wet  lands,  and  it  shall  be  necessary  to  drain  the  same  in  order  to  render  the 
said  road  dry  and  passable,  and  the  said  road  cannot  readily  or  conveniently  be  drained 
without  laying  or  digging  a  ditch  or  ditches  over  or  across  the  adjacent  lands,  it  shall  be 
lawful  for  the  commissioners  of  highways  or  other  persons  whose  duty  it  is  to  cause  the  said 
road  to  be  made  passable,  to  enter  upon  the  said  adjacent  lands  and  construct  the  required 
ditch  or  ditches  over  and  upon  the  same  ;  and  in  case  the  said  commissioners  or  persons 
shall  be  unable  to  agree  with  the  owner  or  owners  of  such  lands  as  to  the  amount  of  damages 
to  be  allowed  and  paid  to  such  owner  or  owners,  the  same  shall  be  fixed  and  ascertained  in 
the  manner  and  with  like  proceedings  as  provided  in  this  act  in  case  of  damages  in  the  loca¬ 
tion  or  alteration  of  roads. 

188.*  Removal  of  Fences.]  §  87.  Whenever  a  public  road  is  ordered  to  be  estab¬ 
lished,  or  altered,  according  to  the  provisions  of  this  act,  which  road  shall  pass  through  or 
on  inclosed  lands,  the  commissioners  of  highways  shall  give  the  owner  or  occupant  of  such 
land  60  days’  notice,  in  writing,  to  remove  his  fences.  If  such  owner  or  occupant  does  not 
remove  his  fence  within  60  days  after  such  notice,  the  commissioners  shall  cause  the  same 
to  be  removed,  and  direct  the  road  to  be  opened  and  worked  ;  and  such  owner  shall  forfeit 
to  such  commissioners  the  sum  of  $1.  for  every  day  he  shall  permit  his  fence  to  remain  after 
the  expiration  of  said  60  days,  and  shall  pay  all  necessary  cost  of  removal,  to  be  collected 
bv  said  commissioners  before  any  justice  of  the  peace  having  jurisdiction. 

'  189.  W  idth  of  Roads:  Opening.]  §  88.  All  public  roads  established  by  the  order 
of  the  commissioners  of  highways,  shall  be  66  feet  wide,  except  in  cases  of  roads  not  over 
two  miles  long  the  road  may  be  of  any  width,  not  less  than  33  feet,  if  so  prayed  for  in  the 
petition,  and  not  otherwise.  All  public  roads  shall  be  opened  within  one  year  from  the 
time  the  order  establishing  them  was  recorded.  If  not  assessed  [opened]  within  the  time 
aforesaid,  that  part  not  so  opened  shall  be  deemed  vacated. 

190.  Penalties  Against  Officers.]  §  89.  If  the  commissioners  Qf  highways  shall 
refuse  or  neglect  to  perform  any  of  the  duties  enjoined  on  them  by  this  act,  they  shall 
severally  forfeit  not  less  than  $5.  nor  more  than  $50.,  and  may  be  proceeded  against,  sever¬ 
ally  or  jointly,  for  the  recovery  of  such  forfeiture  before  any  justice  of  the  peace  in  the 
proper  county,  in  the  name  and  for  the  use  of  the  informer. 

191.  Per  Diem  Allowed.]  §  90.  The  commissioners  of  highways  shall  receive  for 
their  services  the  sum  of  $2.  per  day  for  each  day  necessarily  employed  in  the  performance 
of  their  duties,  the  same  to  be  audited  by  the  town  auditors  or  the  county  board,  and  paid 
out  of  the  town  or  county  funds,  as  the  case  may  be. 

192.  “County  Board”  Defined.]  §91.  Whenever  the  term  “  county  board  ”  is 
used  in  this  act,  it  shall  be  held  to  mean  the  board  of  supervisors  in  counties  under  township 
organization,  and  to  mean  the  county  commissioners  or  board  of  county  commissioners  in 
counties  not  under  township  organization. 

193.  Conflicting  Acts  Repealed.]  §  92.  All  laws  heretofore  existing  that  may 
in  any  way  conflict  with  the  provisions  of  this  act,  and  all  laws  in  relation  to  overseers  of 
highways  and  road  supervisors,  shall  be  and  are  hereby  repealed. 

194.  Shall  be  in  Force.]  §  93.  This  act  to  take  effect  and  be  in  force  from  and 
after  the  loth  day  of  August  next. 


741 


Chapter  103d. 

TOWNSHIP  OKGANIZATION. 


Art.  I.  How  Adopted. 

II.  Power  of  Towns. 

III.  Boundaries  and  Divisions  of  Towns. 

IV.  Power  of  Electors. 

V.  Conducting  Town  Meetings. 

VI.  Qualifications  —  Tenure  of  Office. 

VII.  Vacancies. 

VIII.  The  Supervisor. 

IX.  The  Town  Clerk. 

X.  Board  of  Auditors  —  Health. 

XI.  Compensation. 

XII.  Legal  Proceedings. 

XIII.  Counties  as  Corporations. 

XIV.  Board  of  Supervisors. 

XV.  County  Treasurer. 

XVI.  Revenue. 

XVII.  Roads,  Highways  and  Bridges. 

XVIII.  Miscellaneous  Provisions. 


ART.  I.  PROCEEDINGS  TO  ADOPT. 


§  1.  Vote  to  be  Taken. 

§  2.  Previous  Petition  Required. 
§  3.  Returns  to  be  Recorded. 

§  4.  Majority  Voting  in  Favor. 

§  5.  Division  into  Toivns. 

§  6.  Of  Township  Lines. 


§  7.  Name  of  Towns. 

§  8.  Town  Name  Changed. 

§  9.  Report  of  the  Commissioners. 
§10.  The  First  Town  Meeting. 
§11.  Return  to  the  Auditor. 

§12.  Where  Names  are  Alike. 


Laws  1861,  216.  20  Feb.  [1  Apr.~\  §  1.  1.  Vote  to  be  Taken.]  At  any  general 

election  that  may  be  holclen  in  the  several  counties  in  this  state,  the  qualified  voters  in 
any  county  may  vote  for  or  against  township  organization  in  any  county  in  this  state. 

Ibid.  §  2.  2.  Petition  Required.]  The  county  court,  on  petition  of  50  legal  voters 

of  said  county,  shall  cause  to  be  submitted  to  the  voters  of  the  county  the  question  of 
township  organization,  under  this  act,  by  ballot,  to  be  written  or  printed,  or  partly  written 
or  partly  printed,  “  For  township  organization,”  or  “  Against  township  organization,”  to  be 
canvassed  and  returned  in  like  manner  as  votes  for  state  and  county  officers. 

Ibid.  §  3.  Returns  Recorded.]  The  clerk  of  the  county  court  shall  enter  an 

abstract  of  the  returns  of  said  election,  to  be  made  out  and  certified  as  in  elections  for 
state  and  county  officers,  record  the  same  at  length  upon  the  record  of  the  county  court 
of  the  county,  and  shall  certify  the  same  to  the  auditor  of  public  accounts. 

Ibid.  §  4.  4.  Majority  Voting  in  Favor.]  If  it  shall  appear,  by  the  returns  of 

said  election,  that  a  majority  of  the  legal  voters  of  said  county  are  for  township  organiza¬ 
tion,  then  the  county  so  voting  in  favor  of  its  adoption  shall  be  governed  by  and  subject 
to  the  provisions  of  this  act,  on  and  after  the  first  Tuesday  of  April  next  succeeding : 
Provided ,  that  a  majority  of  the  voters  voting  at  such  election  shall  be  taken  and  deemed 
a  maioritv  of  the  voters  of  said  countv. 

fj  V  1/ 

Ibid.  §  5.  5.  Commissioners  to  Divide  the  County.]  The  county  court  shall, 

at  its  next  session,  appoint  three  commissioners,  residents  of  the  county,  to  divide  the 


Chap.  103d.  Apt.  2. 


742 


Township  Organization 


Art.  II.  Powers  and  Rights  of  Towns. 

count)'  into  towns  or  townships  ;  and  the  said  commissioners’  services  shall  be  audited  by 
the  first  board  of  supervisors,  and  paid  by  the  county. 

Ibid.  §  6.  O.  Of  Township  Lines.]  Th$  commissioners  shall  proceed  to  divide 
such  county  into  towns,  by  making  as  many  towns  as  there  are  townships,  according  to 
government  surveys.  Where  fractions  of  townships  are  caused  by  the  county  lines  not 
being  in  accordance  with  the  surveyed  townships,  then  the  commissioners  may  attach 
such  fractions  to  adjoining  towns,  where  the  number  of  inhabitants  or  the  amount  of  ter¬ 
ritory  shall  not  be  sufficient  for  a  separate  town.  Where  a  surveyed  township  shall  have 
too  few  inhabitants  for  a  separate  organization,  then  such  township  may  be  added  to 
some  adjoining  town,  or  such  township  may  be  divided  between  two  or  more  towns  for 
the  time  being.  And  when  creeks  or  rivers  may  so  divide  such  township  as  to  be  incon¬ 
venient  for  transacting  town  business,  then  such  creek  or  river  may  be  made  the  town 
boundary,  and  the  town  fractions  so  formed  may  be  disposed  of  as  fractions  caused  by 
countv  lines. 

V 

Ibid.  §  7.  T.  Name  of  Town.]  Towns  shall' be  named  in  accordance  with  the  express 
wish  of  the  inhabitants  of  the  town  ;  and  if  there  shall  not  be  a  degree  of  unanimity  as  to 
the  name,  the  commissioners  may  designate  the  name. 

Laws  1859,  129.  18  Feb.  [28  Apr.']  §  1.  8.  Changing  Name  of  Town.]  In  all  of 

the  counties  of  this  state  where  township  organization  has  been  adopted,  the  board  of  super¬ 
visors  shall  have  power  to  change  the  name  of  any  town  or  incorporated  village  in  their 
respective  counties,  upon  a  petition  of  a  majority  of  the  voters  of  said  town  or  incorpo¬ 
rated  village.  . ( 

Laws  1861,  217.  20  Feb.  [1  Apr.]  §  8.  Report  of  Commissioners.]  The  com¬ 

missioners  so  appointed  shall  make  a  written  report  of  their  proceedings,  giving  the  names 
and  bounds  of  each  town,  and  present  such  report  to  the  clerk  of  the  county  court,  on  or 
before  the  first  day  of  March  next  succeeding. 

Ibid.  §  9.  10.  Notices  for  First  Town  Meeting.]  The  clerk  of  the  county  court 

shall  thereupon  make  out  notices  for  each  town,  designating  a  suitable  place  for  holding 
the  first  town  meeting  in  such  town,  which  shall  be  holden  on  the  first  Tuesday  of  April 
next  thereafter,  and  shall  deliver  such  notice  to  the  sheriff  of  the  county,  who  shall  cause 
the  same  to  be  posted  in  not  less  than  three  of  the  most  public  places  of  the  township,  and 
not  less  than  15  days  before  the  first  Tuesday  in  April  aforesaid. 

Ibid.  §  10.  11.  Return  to  the  Auditor.]  Each  clerk  of  the  county  court  shall, 
within  30  days  after  receiving  such  report  of  the  commissioners,  transmit,  by  mail,  to  the 
auditor  of  public  accounts  of  this  state,  an  abstract  of  such  report,  giving  the  bounds  of 
each  town  and  the  name  designated;  and  said  clerk  shall  record,  in  a  book  for  the  pur¬ 
pose,  a  description  of  each  town  as  fully  as  the  report  of  the  said  commissioners. 

Ibid.  §11.  13.  Where  Names  are  Alike.]  If  the  auditor  of  public  accounts,  on 

comparing  the  abstracts  of  the  reports  from  the  several  counties,  shall  find  that  any  two 
or  more  townships  have  names  alike,  he  shall  transmit  to  the  clerk  of  the  county  court  of 
the  county  or  counties  which  have,  to  alter  the  name  or  names  of  such  town  or  towns ;  and 
the  board  of  supervisors  of  such  county  shall,  at  its  next  meeting  thereafter,  adopt  for 
such  town  some  name  different  from  those  heretofore  named,  so  that  no  two  towns  organ¬ 
ized  under  this  act  shall  be  named  alike;  and  when  such  name  shall  be  adopted,  the  clerk 
of  the  county  court  shall  inform  the  auditor  of  public  accounts,  as  before  directed. 

Ibid.  §  12.  13.  Record  of  Names  and  Boundaries.]  The  auditor  of  public  ac¬ 

counts  shall  make  a  record  of  the  names  and  boundaries  of  the  several  towns  organized 
under  this  act. 


ART.  II.  POWERS  AND  RIGHTS  OF  TOWNS. 

§  1.  Toivns  as  Corporations. 

§  3.  Proceedings  by  and  Against. 

Laws  1861,  218.  20  Feb.  [1  Apr.]  §  1.  1.  Towns  as  Corporations.]  Each  town, 

as  a  body  corporate  has  capacity  :  1.  To  sue  and  be  sued,  in  the  manner  prescribed  by 
the  laws  of  this  state.  2.  To  purchase  and  hold  lands  within  its  own  limits,  and  for  the 
use  of  its  inhabitants,  subject  to  the  power  of  the  general  assembly.  3.  To  make  such 


Chap.  103d.  Art.  3. 


743 


Township  Organization. 


Art.  III.  Altering-  Boundaries  and  Divisions  of  Towns. 

_  O  _  _ 

contracts,  purchase  and  hold  such  personal  property,  as  may  be  necessary  to  the  exercise 
of  its  corporate  or  administrative  powers.  4.  To  make  such  orders  for  the  disposition, 
regulation  or  use  of  its  corporate  property,  as  may  be  deemed  conducive  to  the  interests 
of  its  inhabitants. 

Ibid.  §  2.  Limitations.]  No  town  shall  possess  or  exercise  any  corporate  powers 

except  such  as  are  enumerated  in  this  act,  or  shall  be  specially  given  by  law  or  shall  be 
necessary  to  the  exercise  of  the  powers  so  enumerated  or  granted. 

1 bid.  §  3.  S.  Proceedings  Against  —  Corporations.]  All  acts  or  proceedings  by 
or  against  a  town,  in  its  corporate  capacity,  shall  be  in  the  name  of  such  town  ;  but 
every  conveyance  of  land  within  the  limits  of  such  town,  made  in  any  manner,  for  the  use 
or  benefit  of  its  inhabitants,  shall  have  the  same  effect  as  if  made  to  the  town  by  name. 


ART.  III.  ALTERING  BOUNDARIES  AND  DIVISIONS  OF 

TOWNS. 


§  1.  Power  of  the  Supervisors. 
§  2.  Failure  to  Elect  Officers. 
§  3.  Town  May  be  Annexed. 

§  4.  Town  Property  Divided. 


§  5.  Officers  After  the  Alteration. 
§  6.  Moneys  and  Credits  Divided. 
§  8.  Cemeteries  Excepted. 

§  9.  Debts  Apportioned. 


Laws  1861,  218.  20  Feb.  [1  Apr. ]  §  1.  1.  Power  of  the  Supervisors.]  The  board 

of  supervisors  of  each  county  shall  have  full  and  complete  power  and  jurisdiction  to  alter 
the  boundaries  of  towns,  to  change  town  lines,  and  to  divide,  enlarge  and  to  create  new 
towns  in  their  respective  counties,  to  suit  the  convenience  of  the  inhabitants  residing 
therein  ;  but  no  new  town  shall  be  created  under  the  provisions  of  this  act,  unless  there 
shall  be  at  least  30  legal  voters  residing  in  such  new  town,  nor  unless  at  least  20  of  such 
legal  voters  of  such  town  shall  petition  for  such  alteration ;  nor  shall  any  new  town  here¬ 
after  be  made  or  created,  or  any  town  divided,  or  the  boundaries  of  any  town  changed  by 
the  board  of  supervisors,  within  their  respective  counties,  without  at  least  60  days’  notice 
thereof  has  been  given,  before  the  presentation  of  the  petition  therefor,  by  posting  up  not 
less  than  five  notices,  in  the  most  public  places  of  the  town  or  towns  interested,  and  by 
also  publishing  such  notice  at  least  once  in  some  newspaper  published  in  the  county 
wherein  said  towns  are  situated,  if  any  shall  be  published  therein. 

Ibid.  §  2.  £5.  Failure  to  Elect  Officers.]  In  case  any  town,  in  any  county 

wherein  township  organization  has  been  or  may  be  hereafter  adopted,  shall  refuse  or 
neglect  to  organize  and  elect  town  officers,  at  the  time  fixed  by  law  for  holding  annual 
meetings,  it  shall  be  lawful  for  12  freeholders  of  the  town  to  call  a  town  meeting  for  the 
purposes  aforesaid,  by  posting  up  notices  in  six  public  places  in  such  town,  giving  at  least 
10  days’  notice  of  such  meeting;  which  notice  shall  set  forth  the  time,  place  and  object 
of  such  meeting ;  and  the  electors,  when  assembled  by  virtue  of  such  notice,  shall  have 
and  possess  all  the  powers  conferred  upon  them  at  the  annual  town  meeting.  In  case  no 
such  notice  shall  be  given,  as  aforesaid,  within  30  days  after  the  time  for  holding  the  an¬ 
nual  town  meeting,  the  board  of  supervisors  of  the  county  shall,  upon  the  affidavit  of  any 
freeholder  of  said  town,  filed  in  the  office  of  the  county  clerk  or  clerk  of  the  board,  set¬ 
ting  forth  the  facts,  proceed,  at  any  regular  or  special  meeting  of  the  board,  and  appoint 
the  necessary  town  officers  for  such  town  ;  and  the  persons  so  appointed  shall  hold  their 
respective  offices  until  others  are  chosen  or  appointed  in  their  places,  and  shall  have  the 
same  powers,  and  be  subject  to  the  same  duties  and  penalties,  as  if  they  had  been  duly 
chosen  by  the  electors  of  the  town. 

Ibid.  §  3.  3.  Annexing  a  Town.]  Whenever  it  shall  be  made  to  appear  to  the 

board  of  supervisors,  that  the  town  officers  appointed  by  them,  or  any  preceding  board, 
as  provided  in  the  foregoing  section,  shall  have  failed  to  qualify,  as  required  by  law,  so 
chat  such  town  cannot  become  organized,  the  board  of  supervisors  may  annex  such  town 
to  any  adjoining  town  ;  and  the  said  town  so  annexed,  shall  thereafter  form  and  consti¬ 
tute  a  part  of  said  adjoining  town. 

Ibid.  §  4.  4.  Division  of  Town  Property.]  When  a  town  seized  of  real  estate 

shall  be  divided  into  two  or  more  towns,  the  supervisors  and  assessors  of  the  several 
towns  constituted  by  such  division  shall  meet  as  soon  as  may  be,  after  the  first  town 


Chap.  103d.  Art.  4.  744  Township  Organization 

Art.  IV.  Town  Meetings  —  Power  of  Electors. 


meetings  subsequently  held  in  such  towns,  and  when  so  met,  shall  have  power  to  make 
such  agreement  concerning  the  disposition  to  be  made  of  such  town  property  and 
the  apportionment  of  the  proceeds  as  shall  be  equitable,  and  to  take  all  measures, 
and  execute  all  conveyances  which  may  be  necessary  to  carry  such  agreement  into 
effect. 

Ibid.  §  5.  5.  Officers  after  Alteration.]  When  any  such  town  shall  be  altered 

in  its  limits,  by  the  annexing  of  a  part  of  its  territory  to  another  town  or  towns,  the  super¬ 
visors  and  assessors  of  the  town  from  which  such  territory  shall  be  taken,  and  of  the 
town  or  towns  to  which  the  same  shall  be  annexed,  shall,  as  soon  as  may  be  after  such 
alteration,  meet  for  the  purpose,  and  possess  the  powers  provided  in  the  last  preceding 
section.  * 

Ibid.  §  6.  6.  Apportionment  of  Moneys  and  Credits.]  When  a  town,  possessed 

of  or  entitled  to  money,  rights  or  credits,  or  other  personal  estate,  shall  be  so  divided  or 
altered,  such  personal  estate,  including  moneys,  shall  be  apportioned  between  the  towns 
interested  therein,  by  the  supervisors  and  assessors  of  such  towns,  according  to  the  amount 
of  taxable  property  in  the  town  divided  or  altered,  as  the  same  existed  immediately 
before  such  division  or  alteration  —  to  be  ascertained  by  the  last  assessment  list  of  such 
town  ;  and  such  supervisors  and  assessors  shall  meet,  for  the  purposes  aforesaid,  as  soon 
as  may  be  after  the  first  town  meetings  subsequently  held  in  such  towns. 

Ibid.  §  7.  7.  Notices  Required.]  Whenever  a  meeting  of  the  supervisors  and 

assessors  of  two  or  more  towns  shall  be  required,  in  order  to  carry  into  effect  the  provis¬ 
ions  of  this  article,  such  meeting  may  be  called  by  either  of  said  supervisors  ;  but  the 
supervisor  calling  the  same  shall  give  at  least  three  days’  notice,  in  writing,  to  all  the  other 
officers,  of  the  time  and  place  at  which  such  meeting  is  to  be  held. 

Ibid.  §  8.  8.  Cemeteries.]  The  preceding  sections  shall  not,  however,  apply  to  any 

cemetery  or  burial  ground,  but  the  same  shall  belong  to  the  town  within  which  it  may  be 
situated  after  a  division  shall  have  been  made. 

Ibid.  §  9.  9.  Debts  Apportioned.]  Debts  owing  by  a  town  so  subdivided  or  altered 

shall  be  apportioned  in  the  same  manner  as  the  personal  property  of  such  town  ;  and  each 
town  shall,  thereafter,  be  charged  with  its  share  of  such  debts,  according  to  such  appor¬ 
tionment. 


ART.  IY.  TOWN  MEETINGS —  POWER  OF>  ELECTORS. 


'  §  1.  Town  Meetings.  —  Notice  Required. 
§  2.  Officers  to  be  Chosen. 

§  3.  Number  of  Justices  and  Constables. 
§  4.  Who  are  Fence  Viewers. 

§  5.  Power  of  Town  Meetings. 


§  6.  Bridges  and  Causeways. 

§  7.  Sale  of  Animals  Impounded. 

§  8.  By-Laws  and  Rules  Published. 
§  9.  Special  Town  Meeting. 

§11.  Voter  not  to  be  Arrested. 


Laws  1861,  220.  20  Feb.  [1  Apr.~\  §  1.  1.  Town  Meetings —  Notice  Required.] 

The  citizens  of  the  several  towns  of  this  state,  qualified  by  the  constitution  to  vote  at  gen¬ 
eral  elections,  shall  annually  assemble  and  hold  town  meetings  in  their  respective  towns, 
on  the  first  Tuesday  of  April,  at  such  place  in  each  town  as  the  electors  thereof,  at  their 
annual  town  meetings,  shall  from  time  to  time  appoint ;  and  notice  of  the  time  and  place 
of  holding  such  meeting  shall  be  given  by  the  town  clerk,  by  posting  up  written  or  printed 
notices  in  three  of  the  most  public  places  in  said  town,  at  least  10  days  prior  to  said 
meeting;  and  if  there  shall  be  a  newspaper  published  in  said  town,  such  notice  shall  be 
inserted  at  least  once  therein,  prior  to  said  meeting. 

Ibid.  §  2.  2.  Officers  to  be  Chosen.]  There  shall  be  chosen,  at  the  annual  town 
meeting  in  each  town,  one  supervisor,  one  town  clerk,  one  assessor,  one  collector,  one 
overseer  of  the  poor ,  [Repealed:  Laws  1867,  172.]  one  commissioner  of  highways,  two 
constables,  two  justices  of  the  peace,  as  many  overseers  of  highways  as  there  are  road 
districts  in  the  town,  and  so  many  pound  masters  as  the  electors  may  determine  :  Pro¬ 
vided ,  that  justices  of  the  peace  and  constables  shall  be  elected  only  once  in  four  years, 
except  to  fill  vacancies  ;  and  such  justices  and  constables  shall  be  successors  to  precinct 
justices  and  constables  :  Provided,  further,  that  any  town  having  800  or  more  legal  voters 
shall  be  entitled  to  elect  one  additional  supervisor,  styled  assistant  supervisor. 


Chap.  103d. 


3—6. 


745 


Township  Organization. 


Art.  IV.  Town  Meetings  —  Power  of  Electors. 

Ibid.  §  3.  3.  Number  of  Justices  and  Constables.]  In  all  towns  having  a  popu¬ 

lation  of  more  than  2,000  inhabitants,  it  shall  be  lawful  for  the  qualified  voters  thereof  to 
elect  one  justice  of  the  peace  and  one  constable  for  each  and  every  1,000  of  its  inhab 
itants,  until  the  population  shall  reach  5,000,  after  which  the  number  of  justices  of  the 
peace  and  constables  shall  not  be  increased.  Said  justices  of  the  peace  and  constables 
shall  be  elected  in  the  same  manner,  and  shall  hold  their  offices  for  the  same  term  of  time 
as  other  justices  of  the  peace  and  constables.  Said  justices  of  the  peace  shall  be  commis¬ 
sioned  by  the  governor,  and  shall  have  the  same  jurisdiction,  power  and  authority,  and  be 
subject  to  the  same  liabilities,  and  shall  execute  bond,  and  be  sworn  in  the  same  manner 
as  other  justices  of  the  peace. 

Ibid.  §  4.  4L.  Fence  Viewers.]  The  assessor  and  commissioners  of  highways, 

elected  in  every  town  shall,  by  virtue  of  their  office,  be  fence  viewers  of  such  town. 
— -  [Compare  Ch.  51. 

Ibid.  §  5.  5.  Power  of  Town  Meetings.]  The  electors  of  each  town  shall  have 

power,  at  their  annual  town  meetings  : 

1.  To  determine  the  number  of  pound  masters,  and  the  locality  of  pounds. 

2.  To  elect  such  town  officers  as  may  be  required  to  be  chosen. 

3.  To  direct  the  institution  and  defense  of  suits  at  law  or  in  equity,  in  all  controversies 
between  such  town  and  corporation,  individuals  or  other  towns. 

4.  To  direct  such  sum  to  be  raised  in  such  town  for  prosecuting  or  defending  such 
suits,  or  for  the  support  and  maintenance  of  roads  and  bridges,  or  for  any  other  purpose, 
as  they  may  deem  necessary  ;  also,  to  authorize  and  require  the  commissioners  of  high¬ 
ways  to  assess  a  road  tax  on  all  real  estate  and  personal  property  liable  to  taxation  in  the 
town,  to  any  amount  not  exceeding  30  cents  on  each  $100.  worth,  as  valued  on  the  assess¬ 
ment  roll  of  the  previous  year. 

5.  To  take  measures  and  give  directions  for  the  exercise  of  their  corporate  powers. 

6.  To  make  such  provisions,  by-laws  and  regulations,  and  allow  such  rewards  for  the 

destruction  of  Canada  thistles  or  noxious  weeds  as  they  may  deem  necessary,  and  to  raise 
money  therefor ;  also,  to  impose  such  penalties  as  they  may  think  proper,  not  exceeding 
$25.  for  each  offense,  for  a  violation  of  any  provisions,  by-laws  or  regulations  made  as 
aforesaid.  • 

7.  To  establish  and  maintain  pounds  at  such  places  within  the  town  as  may  be  deemed 
necessary  and  convenient,  and  discontinue  any  pounds  therein. 

8.  To  restrain  or  prohibit  the  running  at  large  of  cattle,  horses,  mules,  asses,  hogs, 
sheep  or  goats;  to  authorize  the  distraining,  impounding  and  sale  of  the  same  for  penal¬ 
ties  incurred  and  the  costs  of  the  proceedings,  and  to  determine  the  time  and  manner  in 
which  such  animals  may  go  at  large. 

9.  To  make  rules  and  regulations  for  ascertaining  the  sufficiency  of  all  fences  in  such 
towns,  and  to  determine  what  shall  be  a  lawful  fence  within  such  town. 

10.  To  impose  such  penalties  on  persons  offending  against  any  rule,  regulation  or 
by-laws  established  by  such  town,  except  such  as  relate  to  the  keeping  and  maintaining 
of  fences,  as  they  may  think  proper,  not  exceeding  $10.  for  each  offense,  unless  a  different 
penalty;  is  provided  by  law,  and  to  remit  or  refund  penalties  incurred  or  paid. 

11.  To  apply  all  penalties,  when  collected,  in  such  manner  as  they  may  deem  most 
conducive  to  the  interests  of  the  town. 

12.  To  make  all  such  by-laws  as  may  be  necessary  to  carry  into  effect  the  powers 
herein  granted.  Whenever  the  electors  of  any  town  shall  determine,  at  town  meeting,  to 
erect  one  or  more  pounds  therein,  the  same  shall  be  under  the  care  and  direction  of  such 
pound  masters  as  shall  be  chosen  or  appointed  for  that  purpose. 

Laws  1867,  173.  8  Mar.  [27  Aug.']  §  3.  6.  Bridges  and  Causeways.]  It  shall  be 

lawful  for  the  legal  voters,  at  any  annual  town  meeting,  to  levy  a  tax  for  the  purpose  of 
building  or  repairing  bridges  or  causeways,  situated  in  another  town  in  the  same  county, 
or  in  another  county:  Provided,  that  notice  is  given,  by  posting  notices  describing  the 
location  of  the  bridge  or  causeway,  and  the  probable  amount  required  therefor,  in  at  least 
three  public  places,  at  least  10  days  before  said  annual  meeting,  in  the  town  in  which  said 
taxes  are  proposed  to  be  levied  :  And  also  provided ,  that  such  tax,  when  collected,  shall 
be  paid  on  the  joint  order  of  the  commissioners  of  highways  of  the  town  in  which  the 
bridge  or  causeway  to  be  rebuilt  or  repaired  is  situated,  and  of  the  commissioners  of  high¬ 
ways  of  the  town  in  which  said  tax  is  collected. 


Chap.  103d.  Art.  5. 


746 


Township  Organization. 


Art.  Y.  Conducting  Town  Meetings. 

Laws  1861,  222.  20  Feb.  [1  Apr. ]  §  6.  <T.  Sat.e  of  Animals  Impounded.]  The 

sale  of  animals  distrained  or  impounded  under  the  provisions  herein,  shall  be  conducted, 
as  near  as  may  be,  according  to  the  law  regulating  sales  of  property  by  constables,  under 
execution.  The  owner  of  such  animals  shall  have  the  right  to  redeem  the  same  from  the 
purchaser  thereof,  any  time  within  three  months  from  the  date  of  sale,  by  paying  the 
amount  of  the  purchaser’s  bid,  with  interest  thereon  at  the  rate  of  10  per  cent,  per 
annum. 

Ibid.  §  7.  8.  By-Laws  and  Bules  to  be  Published.]  It  shall  be  the  duty  of  the 

town  clerk  to  cause  all  by-laws,  rules  and  regulations  of  the  town,  within  20  days  after  their 
adoption,  to  be  published,  by  posting  in  three  public  places  in  the  town  ;  also,  if  the  town 
so  direct,  causing  the  same  to  be  inserted  once  in  a  newspaper  published  in  the  town,  if 
any  there  shall  be  ;  if  not,  then  in  any  newspaper  published  in  the  county ;  but  all  such 
by-laws,  rules  and  regulations  shall  take  effect  and  be  in  force  from  the  date  of  being 
adopted,  unless  otherwise  directed  by  the  electors  of  the  town. 

Ibid.  §  8.  1).  Special  Town  Meetings.]  Special  town  meetings  shall  be  held  when 

the  supervisor,  town  clerk  and  justice  of  the  peace,  or  any  two  of  them,  together  with  at 
least  12  freeholders  of  the  town,  shall,  in  writing,  file  in  the  office  of  the  town  clerk  a 
statement  that  a  special  meeting  is  necessary  to  the  interest  of  the  town,  setting  forth  the 
object  of  the  meeting;  and  the  town  clerk,  or  in  case  of  his  absence,  the  supervisor,  shall 
post  up  notices  in  five  of  the  most  public  places  in  the  town,  giving  at  least  10  days’  notice 
of  such  special  town  meeting,  setting  forth  the  object  of  the  meeting,  as  contained  in  the 
statement  filed  in  his  office.  Such  notice  shall  likewise  be  inserted  at  least  once  in  a 
newspaper  published  in  the  town,  if  any  is  published  therein.  The  place  of  holding 
special  town  meetings  shall  be  at  the  place  where  the  last  annual  town  meeting  was  held ; 
but  in  case  such  place  shall  be  found  inconvenient,  the  meeting  may  adjourn  to  the  nearest 
convenient  place. 

Ibid.  §  9.  10.  Power  of  Special  Town  Meeting.]  The  electors,  at  special  town 

meetings,  when  properly  convened,  shall  have  power: 

1.  To  fill  vacancies  in  the  office  of  justices  of  the  peace,  and  to  fill  vacancies  in  the 
office  of  constable,  or  any  town  officer,  where  the  same  shall  not  have  been  already  filled 
by  appointment. 

2.  To  provide  for  raising  money  for  repairing  highways,  or  building  or  repairing 
bridges,  in  cases  of  emergency,  and  to  direct  the  building  or  repairing  thereof. 

3.  To  act  upon  any  subject  within  the  power  of  the  electors  at  the  annual  town  meeting, 
which  was  postponed  at  the  preceding  annual  town  meeting,  to  be  considered  at  a  future 
special  town  meeting,  for  want  of  time.  But  special  town  meetings  shall  have  no  power 
to  act  on  any  subject  not  embraced  in  the  statement  and  notice  calling  the  same. 

Ibid.  §  10.  11.  Privilege  From  Arrest.]  During  the  day  on  which  any  annual 

or  special  town  meeting  shall  be  held,  every  person  in  the  town,  entitled  to  vote  at  such 
town  meeting,  shall  be  privileged  from  arrest,  in  all  cases,  except  treason,  felony  or  breach 
of  the  peace. 


AKT.  Y.  CONDUCTING  TOWN  MEETINGS. 


§  1.  Moderator  to  be  Chosen. 

§  3.  Minutes  Kept  by  the  Cleric. 

§  5.  Duty  of  the  Moderator. 

§  6.  Majority  shall  Decide. 

§  7.  General  Business  at  two  o'clock. 
§  8.  Disorderly  Conduct  Punished. 

§  9.  Who  are  Voters. 

§10.  Challenges  to  Voters. 

§11.  Perjury  to  be  Punished. 

§12.  Illegal  Voting  Punished. 

§13.  Opening  and  Closing  Meetmgs. 


§14.  Minutes  of  Proceedings. 

§15.  Proclamation  Required. 

§16.  Manner  of  Choosing  Officers. 
§17.  Poll  List  to  be  Kept. 

§18.  The  Ballot  Box. 

§19.  Ballots  not  to  be  Read. 

§  20.  Canvass  of  the  Votes. 

§21.  Manner  of  Canvassing. 

§  22.  Result  of  the  Canvass. 

§  23.  Notice  to  Persons  Elected. 

§  24.  List  fled  with  County  Clerk. 


Laws  1861,  223.  20  Feb.  [1  Apr.]  §  1.  1.  Moderator  to  be  Chosen.]  The  elect 

ors  present  at  any  time  between  the  hours  of  9  and  10  o’clock,  in  the  forenoon  of  the 
day  on  which  there  is  an  annual  or  special  town  meeting,  shall  be  called  to  order  by  the 


Chap.  103d. 


2—12. 


747 


Township  Organization, 


Art.  Y.  Conducting  Town  Meetings. 

town  clerk,  if  there  be  one.  In  case  there  be  none,  or  he  is  not  present,  then  the  voters 
may  elect,  by  acclamation,  one  of  their  number  chairman.  They  shall  then  proceed  to 
choose  one  of  their  number  to  preside  as  moderator  of  such  town  meeting. 

Ibid.  §  2.  2,  His  Oath.]  Before  the  moderator  or  the  presiding  officer  of  any  town 

meeting  shall  enter  upon  the  duties  of  his  office,  he  shall  take  an  oath  faithfully  and  im¬ 
partially  to  discharge  the  duties  of  such  office  ;  which  oath  may  be  administered  by  the 
town  clerk  or  other  proper  officer. 

Ibid.  §  3.  3.  The  Clerk.]  The  town  clerk,  last  before  elected  or  appointed,  shall 

be  the  clerk  of  the  town  meeting,  and  shall  keep  faithful  minutes  of  its  proceedings  ;  in 
which  he  shall  enter,  at  length,  every  order  or  direction  and  all  rules  and  regulations 
made  by  such  meeting. 

Ibid.  §  4.  4L]  If  the  town  clerk  be  absent,  then  such  person  as  shall  be  chosen  for 

that  purpose  by  the  electors  present,  shall  act  as  clerk  of  the  meeting. 

Ibid.  §  5.  *5.  Duty  of  the  Moderator.]  The  moderator  chosen  by  the  electors 

to  preside  at  the  annual  or  special  town  meeting  shall  regulate  the  business  and  proceed¬ 
ings  thereof,  and  shall  decide  all  questions  of  order,  and  shall  make  public  declaration  of 
all  votes  passed.  When  any  vote,  so  declared  by  him,  shall,  upon  such  declaration  being 
questioned  by  one  or  more  of  the  electors  present,  he  shall  make  the  vote  certain  by 
causing  the  voters  to  rise  and  be  counted  or  by  dividing  off. 

Ibid.  §  6.  S.  Majority  Shall  Decide.]  All  questions  upon  motions  made  at  town 
meetings  shall  be  determined  by  the  majority  of  the  electors  voting;  and  the  officer 
presiding  at  such  meeting  shall  ascertain  and  declare  the  result  of  the  votes  upon  each 
question. 

Ibid.  §  7.  7,  General  Business  at  two  o’clock.]  It  shall  not  be  lawful  for  the 

electors  at  the  annual  town  meeting,  to  commence  the  transaction  of  any  business,  except 
that  which  shall  pertain  to  the  organization  of  the  meeting  and  the  election  of  the  officers 
of  the  town,  until  the  hour  of  two  o’clock,  in  the  afternoon  ;  at  which  hour,  or  as  soon 
thereafter  as  the  electors  present  may  determine,  the  general  business  of  the  day,  which 
the  electors  may  lawfully  transact  at  town  meetings,  shall  commence,  and  be  continued 
until  such  business  shall  be  disposed  of ;  upon  the  completion  of  which  the  moderator 
shall  announce  the  miscellaneous  business  of  the  day  to  be  closed,  after  which  announce¬ 
ment  no  further  business  shall  be  transacted  at  that  meeting,  unless  the  electors  shall,  at 
the  time  of  such  announcement,  as  aforesaid,  so  order,  except  the  election  of  officers,  as 
aforesaid,  or  that  which  appertains  thereto  ;  after  which  no  question  already  disposed  of 
shall  be  reconsidered,  unless  the  motion  for  such  reconsideration  shall  be  sustained  by  a 
number  of  votes  equal  to  a  majority  of  all  the  names  entered  on  the  poll  list,  at  such 
meeting,  up  to  the  time  such  motion  shall  be  made. 

Ibid.  §  8.  8.  Disorderly  Conduct.]  If  any  person  shall  conduct  in  a  disorderly 

manner  at  any  town  meeting,  and,  after  notice  from  the  moderator,  shall  persist  therein, 
the  moderator  may  order  him  to  withdraw  from  the  meeting,  and,  on  his  refusal,  may 
order  a  constable  or  other  person  to  take  him  from  the  meeting,  and  confine  him  in  some 
convenient  place  until  the  meeting  shall  adjourn  ;'and  the  person  so  refusing  to  withdraw 
shall,  for  such  offense,  further  forfeit  a  sum,  not  exceeding  $10.,  for  the  use  of  the 
town. 

Ibid.  §  9.  9.  Who  are  Voters.]  No  person  shall  be  a  voter  at  any  town  meeting, 

unless  he  shall  be  qualified  to  vote  at  general  elections,  and  has  been  for  the  last  30  days 
an  actual  resident  of  the  town  wherein  he  shall  offer  to  vote. 

Ibid.  §  10.  10.  Of  Challenges.]  If  any  person  offering  to  vote  at  any  election,  or 

upon  any  question  arising  at  such  town  meeting,  shall  be  challenged  as  an  unqualified 
voter,  the  presiding  officer  shall  proceed  thereupon  in  like  manner  as  the  judges  at  the 
general  elections  are  required,  adapting  the  oath  to  the  circumstances  of  the  town  meet' 
mg. 

Ibid.  §  11.  11.  Perjury.]  If  any  person,  challenged  as  unqualified  to  vote  at  any 

town  meeting,  shall  be  guilty  of  wilful  and  corrupt  false  swearing  or  affirming,  in  taking 
the  oath  required  in  the  preceding  section,  such  person  shall  be  deemed  guilty  of  wilful 
and  corrupt  perjury,  and  punished  accordingly. 

Ibid.  §  12.  \2.  Voting  or  Attempting  to  Vote  Illegally.]  Any  person  who 

shall  vote,  or  offer  to  vote,  in  any  town  in  which  he  does  not  reside,  or  who  shall  vote,  or 
offer  to  vote,  in  more  than  one  town,  or  who  shall  vote  or  offer  to  vote  more  than  once  on 


4 


Chap.  103d.  §§  13—24. 


748 


Township  Organization. 


Art.  V.  Conducting;  Town  Meetings. 

_ _ _ _ _ ©  © 

the  same  day  at  any  town  meeting,  or  who  is  not  a  legal  voter,  he  shall  be  guilty  of  a  mis¬ 
demeanor.  and  on  conviction  thereof,  shall  be  punished  by  a  fine  of  not  exceeding  $100., 
or  imprisoned  not  exceeding  six  months,  or  both,  by  such  fine  and  imprisonment. 

Ibid.  §  13.  1$.  Opening  and  Closing  Town  Meetings.]  Town  meetings  shall  be 

kept  open  from  the  time  of  opening  in  the  morning  until  6  o’clock  in  the  afternoon,  un¬ 
less  the  voters  present  may,  by  vote,  adjourn  one  hour,  from  T2  till  1  o’clock;  and  at  all 
town  meetings  and  elections  of  town  officers  the  polls  may  be  closed  at  4  o’clock  in  the 
afternoon,  but  may  be  kept  open  until  a  later  hour,  in  the  discretion  of  the  electors. 

Ibid.  §  1 4.  I 41.  Minutes  of  Proceedings.]  The  minutes  of  the  proceedings  of 
every  town  meeting,  subscribed  by  the  clerk  of  said  meeting,  and  by  the  presiding  officer, 
shall  be  filed  in  the  office  of  the  town  clerk,  within  two  days  after  such  town  meeting: 

Ibid.  §  15.  f#5.  Proclamation  Required.]  Before  the  electors  shall  proceed  to 

elect  any  town  officer,  proclamation  shall  be  made  of  the  opening  of  the  polls,  by  the  town 
clerk  ;  and  proclamation  shall,  in  like  manner,  be  made  of  each  adjournment,  and  of  the 
opening  and  closing  of  the  polls,  until  the  election  is  ended. 

lbid.%  16.  IS.  Officers  Chosen  by  Ballot  and  Otherwise.]  The  supervisor, 
town  clerk,  assessor,  overseer  of  the  poor,  collector,  commissioners  of  highways,  consta¬ 
bles,  and  justices  of  the  peace,  shall  be  chosen  by  ballot.  All  other  officers  shall  be 
chosen,  either  by  ballot,  by  yeas  and  nays,  or  by  dividing  the  electors,  as  the  electors  of 
the  meeting  may  determine.  When  the  electors  vote  by  ballot,  all  the  officers  voted  for 
shall  be  named  in  one  ballot,  which  shall  contain  written  or  printed,  or  partly  written  and 
partly  printed,  the  names  of  the  persons  voted  for,  and  the  offices  to  which  such  persons 
are  intended  to  be  chosen,  and  shall  be  delivered  to  the  presiding  officer,  so  folded  as  to 
conceal  the  contents. 

Ibid.  §  17.  IT.  Poll  List.]  When  the  election  is  by  ballot,  a  poll  list  shall  be  kept 
by  the  clerk  of  the  meeting,  on  which  shall  be  entered  the  name  of  each  person  whose 
vote  shall  be  received. 

Ibid.  §  18.  18.  Ballot  Box.]  When  the  election  is  by  ballot,  the  presiding  officer 

shall  deposit  the  ballots  in  a  box  provided  for  that  purpose. 

Ibid.  §  19.  111.  Reading  Ballots.]  If  any  moderator  shall  at  any  town  meeting, 

before  the  poll  is  closed,  read  or  examine,  or  permit  any  person  to  read  or  examine  the 
names  on  any  voter’s  ballot,  with  the  view  of  ascertaining  any  candidate  voted  for  by  him, 
such  moderator  shall  forfeit,  to  the  use  of  the  town,  the  sum  of  $25. 

Ibid.  §  20.  20.  Canvass  of  the  Votes.]  At  the  close  of  every  election  by  ballot, 

the  presiding  officer  shall  proceed  publicly  to  canvass  the  votes,  which  canvass,  when 
commenced,  shall  be  continued  without  adjournment  or  interruption  until  the  same  be 
completed. 

Ibid.  §  21.  SI.  Manner  of  Canvassing.]  The  canvass  shall  be  conducted  by  tak¬ 
ing:  a  ballot  at  a  time  from  the  ballot  box  and  continue  counting  until  the  number  of  bal- 
lots  are  equal  to  the  number  of  names  on  the  poll  list,  and  if  there  shall  be  any  left  in  the 
box  they  shall  be  immediately  destroyed  ;  and  such  persons  as  shall  have  the  greatest 
number  of  votes  shall  be  declared  to  be  elected.  If  on  opening  the  ballots,  two  or  more 
ballots  shall  be  found  to  be  so  folded  that  it  shall  be  apparent  that  the  same  person  voted 
them,  the  presiding  officer  shall  destroy  such  votes  immediately. 

Ibid.  §  22.  22.  Result  of  the  Canvass.]  The  canvass  being  completed,  a  state¬ 

ment  of  the  result  shall  be  entered  at  length,  by  the  clerk  of  the  meeting,  in  the  minutes 
of  its  proceedings,  to  be  kept  bv  him,  as  before  required,  which  shall  be  publicly  read  by 
him  to  the  meeting ;  and  such  reading  shall  be  deemed  notice  of  the  result  of  the  election 
to  every  person  whose  name  shall  be  entered  on  the  poll  list  as  a  voter.  In  case  two  or 
more  persons  shall  have  an  equal  number  of  votes  for  the  same  office,  the  question  of 
which  shall  be  entitled  to  the  office  shall  be  decided  between  such  persons,  by  lot,  under 
the  direction  of  the  town  clerk ;  but  he  shall  give  each  party  notice  of  the  time  and  place 
of  drawing  lots. 

Ibid.  §  23.  23.  Notices  to  Persons  Elected.]  The  clerk  of  every  town  meeting 

within  10  days  thereafter,  shall  transmit  to  each  person  elected  to  any  town,  office,  whose 
name  shall  not  have  been  entered  on  the  poll  list  as  a  voter,  a  notice  of  his  election. 

Ibid  §  24.  24.  List  of  Officers  filed  with  County  Clerk.]  The  town  clerk 

shall  file  in  the  office  of  the  clerk  of  the  county  court  a  list  of  the  names  of  all  town  offi¬ 
cers  elected  at  the  annual  town  meeting,  within  20  days  after  such  election  shall  be 
held. 


Chap.  103d.  §§  1 — 9. 


749 


Township  Organization. 


Art.  VI.  Qualification  and  Tenure  of  Office. 


ART.  VI.  QUALIFICATION 

§  1.  Eligibility  for  Office. 

§  2.  The  Official  Oath. 

§  5.  Written  Acceptance  of  Office. 

§  6.  Bond  o  f  the  Collector. 

§  7.  Same  Recorded  —  Lien  thereof. 

§  8.  If  there  be  no  Supervisor. 

§  9.  Oath  and  Bond  of  Constable. 

§  10.  Same  Approved  —  Copies. 

Laws  1861,  226.  20  Feb.  [1  Aprf]  §  1.  1.  Eligibility  for  Office.]  No  person  shall 

be  eligible  to  any  town  office,  unless  lie  shall  have  been  one  year  a  resident  of  such  town. 

Ibid.  §  2.  Official  Oath.]  Every  person  chosen  or  appointed  to  the  office  of 

supervisor,  town  clerk,  assessor,  overseer  of  the  poor,  commissioner  of  highways,  or  collec¬ 
tor,  before  he  enters  upon  the  duties  of  his  office,  and  within  10  days  after  he  shall  be 
notified  of  his  election  or  appointment,  shall  take  and  subscribe,  before  some  justice  of  the 
peace,  such  oath  or  affirmation  of  office  as  is  prescribed  by  law. 

Ibid.  §  3.  *{.]  Such  person  shall,  within  eight  days  thereafter,  cause  such  certificate 

to  be  filed  in  the  office  of  town  clerk. 

Ibid.  §  4.  4L]  If  any  person  chosen  or  appointed  to  either  or  any  of  the  town  offices 

above  enumerated  shall  neglect  to  take  and  subscribe  such  oath  and  cause  the  certificate 
thereof  to  be  filed,  as  above  required,  such  neglect  shall  be  deemed  a  refusal  to  serve. 

Ibid.  §  5.  ®J9.  Written  Acceptance.]  Every  person  chosen  or  appointed  to  the 

office  of  overseer  of  highways,  or  pound  master,  before  he  enters  on  the  duties  of  his 
office,  and  within  10  days  after  he  shall  have  been  notified  of  his  election  or  appointment, 
shall  cause  to  be  filed  in  the  office  of  town  clerk  a  notice,  signifying  his  acceptance  of  such 
office.  A  neglect  to  cause  such  notice  to  be  filed  shall  be  a  refusal  to  serve. 

Ibid.  §  6.  $5.  Bond  of  Collector.]  Every  person  chosen  or  appointed  to  the  office 

of  collector,  before  he  enters  upon  the  duties  of  his  office,  and  within  eight  days  after  he 
receives  notice  of  the  amount  of  taxes  to  be  collected  by  him,  shall  execute  to  the  super¬ 
visor  of  the  town, .and  his  successor  in  office,  and  lodge  with  him  a  bond,  with  one  or  more 
securities,  to  be  approved  by  such  supervisor,  in  double  the  amount  of  such  taxes,  condi 
tioned  for  the  faithful  execution  of  his  duties  as  such  collector. 

Ibid.  §  7.  7.  Such  Bond  Recorded  —  Lien  Thereof.]  The  supervisor  shall, 

within  six  days  thereafter,  file  such  bond,  with  his  approval  indorsed  thereon,  in  the  office 
of  the  recorder,  who  shall  make  an  entry  thereof  in  a  book  to  be  provided  for  the  purpose, 
in  the  same  manner  in  which  judgments  are  recorded  ;  and  every  such  bond  shall  be  a 
lien  on  all  the  real  estate,  severally,  of  such  collector,  within  the  county  at  the  time  of  the 
filing  thereof,  and  shall  continue  to  be  such  lien  until  its  conditions,  together  with  all 
costs  and  charges  which  may  accrue  by  the  prosecution  thereof,  shall  be  fully  satisfied  ; 
and  all  actions  against  the  sureties  on  any  collector’s  bond  shall  be  commenced  within  two 
years  from  the  date  of  the  execution  thereof,  and  not  afterwards  :  Provided ,  that  actions 
upon  existing  bonds  shall  be  commenced  within  six  months  from  the  date  of  the  passage 
of  this  act  and  not  afterwards. 

Ibid.  §  8.  8.  If  there  be  no  Supervisor.]  In  any  town  in  which  there  shall  be  m> 

town  supervisor,  the  collector  of  the  town  may  make  his  official  bond  to  the  clerk  of  the 
county  court  of  the  county  in  which  said  town  may  be  situated. 

Ibid.  §  9.  Constable’s  Oath  and  Bond.]  Every  person  chosen  or  appointed  to 

the  office  of  constable,  before  he  enters  upon  the  duties  of  his  office,  and  within  eight 
days  after  he  shall  be  notified  of  his  election  or  appointment,  shall  take  and  subscribe, 
before  some  justice  of  the  peace  of  the  county,  the  oath  of  office  prescribed  by  law,  and 
shall  execute,  in  the  presence  of  the  supervisor  or  town  clerk  of  the  town,  with  one  or 
more  sureties,  to  be  approved  of  by  such  supervisor  or  town  clerk,  an  instrument,  in 
writing,  [in]  which  such  constable  and  his  sureties  shall  jointly  and  severally  agree  to 
pay  to  each  and  every  person  who  may  be  entitled  thereto  all  such  sums  of  money  as.  the 
said  constable  may  become  liable  to  pay  ojn  account  of  any  executions  which  shall  be 
delivered  to  him  for  collection  by  virtue  of  his  office,  and  all  such  damages  as  each  and 


lND  tenure  of  office. 


§11.  Actions  on  Constable’s  Bond. 
§  12.  Refusing  to  Serve. 

§  13.  Forfeitures  therefor. 

§  14.  Failing  to  talce  Oath. 

§  16.  Terms  of  Office. 

§17.  Demand  on  Predecessor. 
§19.  Delivery  to  Successor. 

§  20.  Death  of  any  Officer. 


Chap.  103d.  Art.  7.  750  Township  Organization 

Art.  VII.  Filling  Vacancies  in  Town  Offices. 

every  person  may  sustain  by  reason  of  any  malfeasance,  misfeasance  or  non-performance 
of  duty  on  the  part  of  said  constable. 

Ibid.  §  10.  10.  Approval  of  such  Bond  —  Copies  thereof.]  The  supervisor  or 

town  clerk  shall,  if  approved,  indorse  such  approval  on  such  instrument,  which  shall  be 
his  approval  of  the  sureties  therein  named,  and  then  shall  cause  the  same  to  be  filed  in 
the  office  of  the  town  clerk  ;  and  a  copy  of  such  instrument,  certified  by  the  town  clerk, 
shall  be  presumptive  evidence  in  all  courts  of  the  execution  thereof  by  such  constables 
and  his  sureties. 

Ibid.  §11.  11.  Actions  on  Constable’s  Bond.]  All  actions  against  a  constable  or 

his  sureties  upon  such  instrument  shall  be  prosecuted  within  two  years  after  the  expiration 
of  the  term  for  which  the  constable  named  therein  shall  have  been  elected  or  appointed. 

Ibid.  §  12.  1*2.  Re  fusal  to  Serve.]  If  any  person  chosen  or  appointed  to  the  office 

of  collector  or  constable,  shall  , not  give  such  security  and  take  such  oath  as  is  required  above, 
within  the  time  limited  for  that  purpose,  such  neglect  shall  be  deemed  a  refusal  to  serve. 

Ibid.  §  13.  IS.  Forfeitures  Therefor.]  If  any  person  chosen  or  appointed  to  the 
office  of  supervisor,  town  clerk,  assessor,  commissioners  of  highways,  or  overseer  of  the 
poor,  shall  refuse  to  serve,  he  shall  forfeit  to  the  town  the  sum  of  $25. 

Ibid.  §  14.  1  S  .]  If  any  person  chosen  or  appointed  to  the  office  of  overseer  of  high¬ 

ways  or  pound  master,  shall  refuse  to  serve,  he  shall  forfeit  to  the  town  $10. —  [Consult 
Yocum  v.  The  Town  of  Waynesville,  39  Ill.  220. 

Ibid.  §  15.  21  F  ailing  to  take  Official  Oath.]  If  any  town  officer,  who  is 

required  by  law  to  take  the  oath  of  office,  shall  enter  upon  the  duties  of  his  office  before 
he  shall  have  taken  such  oath,  he  shall  forfeit  to  the  town  the  sum  of  $50. 

Ibid.  §  16.  1G.  Term  of  Office.]  Town  officers,  except  justices  of  the  peace  and 

constables,  shall  hold  their  office  for  one  year,  and  until  others  are  chosen  or  appointed  in 
their  places  and  are  qualified.  The  justices  of  the  peace  and  constables  shall  hold  their 
offices  for  four  years,  or  [and]  until  others  are  chosen  and  qualified. 

Ibid.  §  17.  IT.  Demand  on  Predecessor.]  Whenever  the  term  of  any  supervisor, 
town  clerk,  commissioner  of  highways,  or  overseer  of  the  poor  shall  expire,  and  other  per¬ 
sons  shall  be  elected  or  appointed  to  such  office,  it  shall  be  the  duty  of  such  successor  or 
successors,  immediately  after  he  or  they  shall  have  entered  on  the  duties  of  the  office,  to 
demand  of  his  or  their  predecessor  all  the  books  and  papers  under  his  or  their  control, 
belonging  to  such  office. 

Ibid.  §  18.  18.]  Whenever  either  of  the  officers  above  named  shall  resign  or  the 

office  become  vacant,  in  any  wav,  and  another  person  shall  be  elected  or  appointed  in  his 
stead,  the  person  so  elected  or  appointed  shall  make  such  demand  of  his  predecessor  [or] 
of  any  person  having  charge  of  such  books  and  papers. 

Ibid.  §  19.  10.  Delivery  to  Successor.]  It  shall  be  the  duty  of  every  person  so 

going  out  of  office,  whenever  thereto  required,  pursuant  to  the  foregoing  provisions,  to 
deliver,  upon  oath,  all  the  records,  books  and  papers  in  his  possession  or  in  his  control, 
belonging  to  the  office  held  by  him,  which  oath  may  be  administered  by  the  officer  to 
whom  such  delivery  shall  be  made.  It  shall  also  be  the  duty  of  every  supervisor,  com¬ 
missioner  of  the  highways,  and  overseer  of  the  poor,  so  going  out  of  office,  at  the  same 
time  to  pay  over  to  such  successor  the  balance  of  moneys  remaining  in  his  hands,  as 
ascertained  by  the  auditors  of  town  accounts. 

Ibid.  §  20.  20.  Upon  the  Death  of  any  Officer.]  Upon  the  death  of  any  of  the 

officers  enumerated,  the  successor  of  such  officer  shall  make  such  demand,  as  above  pro¬ 
vided,  of  the  executors  or  administrators  of  such  deceased  officer;  and  it  shall  be  the  duty 
of  such  executors  or  administrators  to.  deliver  upon  the  like  oath,  all  records,  books  and 
papers  in  their  possession,  or  under  their  control,  belonging  to  the  office  held  by  their  testa¬ 
tor  or  intestate. 

ART.  VII.  FILLING  VACANCIES  IN  TOWN  OFFICES. 

§  1.  Vacancy  filled  by  Appointment.  §  3.  Warrant  of  Appointment. 

§  2.  Vacancy  in  Appointing  Board.  §  4.  Acceptance  of  Resignation. 

*  ♦ 

Laws  1861,  229.  20  Feb.  [1  Apri]  §  1.  1.  Vacancy  Filled  by  Appointment.] 

Whenever  any  town  shall  fail  to  elect  the  proper  number  of  town  officers,  to  which  such 


Township  Organization. 


Chap.  103d.  Art.  8.  751 

Art.  VIII.  The  Supervisor  and  his  Duties. 

town  may  be  entitled  by  law,  or  when  any  person  elected  to  any  town  office  shall  fail  to 
qualify  as  such,  or  whenever  any  vacancy  shall  happen  in  any  town  office  from  death,  resig¬ 
nation,  removal  from  the  town,  or  other  cause,  it  shall  be  lawful  for  the  justices  of  the 
peace  of  the  town,  together  with  the  supervisor  and  town  clerk,  to  fill  the  vacancy  or 
vacancies  occasioned  or  occurring  in  consequence  of  either  or  any  of  the  causes  above 
specified,  by  appointment  by  warrant,  under  their  hands  and  seals ;  and  the  persons  so 
appointed  shall  hold  their  respective  offices  during  the  unexpired  term  of  the  persons  in 
whose  stead  they  have  been  appointed  and  until  others  are  chosen  or  appointed  in  their 
places,  and  shall  have  the  same  powers,  and  be  subject  to  the  same  duties  and  penalties 
as  if  they  had  been  duly  chosen  by  the  electors. 

Ibid.  §  2.  2.  Vacancy  in  the  Board  op  Appointment.]  Whenever  a  vacancy 

shall  occur,  from  any  cause,  in  any  or  either  of  the  offices  enumerated  in  the  foregoing 
section,  as  composing  the  board  of  appointment  for  the  appointment  of  town  officers,  in 
case  of  vacancy,  it  shall  be  lawful  for  the  remaining  officers  of  such  appointing  board  to 
fill  any  vacancy  or  vacancies  thus  occurring,  except  in  cases  of  vacancy  in  the  office  of 
justice  of  the  peace,  which  shall  be  filled  only  by  election. 

Ibid.  §  3.  3.  Warrant  op  Appointment  Filed.]  When  any  appointment  shall  be 

made,  as  provided  in  the  two  preceding  sections,  the  officers  making  the  same  shall  cause 
the  warrant  of  appointment  to  be  forthwith  filed  in  the  office  of  the  town  clerk,  who  shall 
forthwith  give  notice  to  each  person  appointed. 

Ibid.  §  4.  4.  Resignations  Accepted.]  The  justices  of  the  peace  of  a  town  may, 

for  sufficient  cause  shown  to  them,  accept  the  resignation  of  any  town  officer  of  their 
town  ;  and  whenever  they  shall  accept  any  such  resignation,  they  shall  forthwith  give  such 
notice  thereof  to  the  town  clerk  of  the  town  :  Provided ,  that  in  towns  having  more  ithan 
two  justices  of  the  peace,  such  resignation  may  be  accepted  by  any  two  of  them. 


ART.  VIII.  THE  SUPERVISOR  AND  HIS  DUTIES. 


§  1.  Moneys  Received  and  Paid  Over. 
§  2.  Prosecutions  for  Penalties. 

§  3.  Duty  in  Keeping  Accounts. 

§  4.  His  Annual  Settlements. 

§  5.  The  Certificate  Thereof. 


§  6.  To  Attend  Annual  Meetings. 

§  7.  Shall  Receive  Accounts. 

§  9.  For  Neglect  of  Duty. 

§10.  Assistant  and  Ward  Supervisors. 
§11.  Duty  as  Overseer  of  Poor. 


Tmws  1861,  230.  20  Feb.  [1  Apr.\  §  1.  1.  Moneys  Received  and  Paid  Over  — 

His  Bond.]  The  supervisor  of  each  town  shall  receive  and  pay  over  all  moneys  raised 
therein  for  defraying  town  charges,  except  those  raised  for  the  support  of  highways  and 
bridges.  Said  supervisor  shall  give  bond  to  the  town,  with  one  or  more  sureties,  condi¬ 
tioned  for  the  faithful  discharge  of  his  duties  in  relation  to  the  town  revenue:  such  bond 
to  be  approved  by  the  town  clerk  and  filed  in  his  office,  with  such  approval  indorsed  thereon. 
Whenever  the  town  clerk  shall  ascertain  that  such  bond  has  been  forfeited,  he  shall  in¬ 
stitute  suit  in  the  name  and  for  the  use  of  the  inhabitants  of  the  town,  against  such  super¬ 
visor. 

Ibid.  §  2.  2.  He  shall  Prosecute.]  He  shall  prosecute,  in  the  name  of  his  town 

or  otherwise,  as  may  be  necessary,  for  all  penalties  of  $50.  and  under,  given  by  law  to  such 
town,  or  for  its  use,  and  for  which  no  other  officer  is  specially  directed  to  prosecute.  And 
no  person  shall  be  disqualified  from  being  a  witness  or  juror  in  such  suit  by  reason  of  his 
being  an  inhabitant  of  said  town. 

o 

Ibid.  §  3.  3.  His  Accounts.]  He  shall  keep  a  just  and  true  account  of  the  receipts 

and  expenditures  of  all  moneys  which  shall  come  into  his  hands,  by  virtue  of  his  office,  in 
a  book  to  be  provided  for  that  purpose  at  the  expense  of  the  town  ;  and  said  books  to  be 
delivered  to  his  successors  in  office. 

Ibid.  %  4.  4.  His  Settlements.]  On  Tuesday  preceding  the  annual  town  meeting  he 

shall  account  with  the  justices  of  the  peace  and  town  clerk  of  the  town,  or  a  majority  of 
them,  for  the  disbursement  of  all  moneys  received  by  him  in  his  official  capacity. 

Ibid.  §  5.  5.  Certificate  Thereof.]  At  every  such  accounting  the  justices  and 

town  clerk,  or  a  majority  of  them,  shall  enter  a  certificate  in  the  supervisor’s  office  book 
of  accounts,  showing  the  state  of  his  accounts  at  the  date  of  the  certificate 


Chap.  103d.  Art.  9. 


752 


Township  Organization. 


Art.  IX.  The  Town  Clerk  and  his  Duties. 

Ibid.  §  6.  9.  He  shall  Attend  Meetings.]  The  supervisor  of  each  town  shall 

attend  the  annual  meeting  of  the  board  of  supervisors  of  the  county,  and  at  every  ad¬ 
journed  or  special  meeting  of  said  board  of  which  he  shall  have  notice. 

Ibid.  §  7.  7.  Shall  Receive  Accounts.]  He  shall  receive  all  accounts  which  may 

be  presented  to  him  against  the  town,  and  shall  lay  them  before  the  board  of  town  auditors 
at  or  before  their  annual  meeting. 

Ibid.  §  8.  8.  Raising  Moneys.]  He  shall  lay  before  the  board  of  supervisors  such 

copies  of  entries  concerning  moneys  to  be  raised  in  his  town  as  shall  be  delivered  to  him 
by  the  town  clerk. 

Ibid.  §9.  9.  Neglect  of  Duty.]  If  any  supervisor  shall  refuse  or  shall  wilfully 

neglect  to  perform  any  of  the  duties  of  his  office,  contained  in  the  preceding  section,  he 
shall  forfeit  to  the  town  the  sum  of  $50.,  and  be  disqualified  to  act  as  the  supervisor  of 
said  town. 

Ibid.  §  10.  19.  Assistant  Supervisors  —  Ward  Supervisors.]  Assistant  super¬ 

visors  and  supervisors  of  wards  in  cities  shall  have  no  powers  or  duties  as  town  officers, 
but  shall  be  members  of  the  board  of  supervisors  of  their  respective  counties,  and 
shall  have,  possess  and  enjoy  all  the  rights,  powers  and  privileges  of  such  members. 

Laws  1867,  172.  8  Mar.  [27  Aug.]  §  1.  II.  Shall  be  Overseer  of  Poor.]  The 
supervisors  of  each  town  shall  be  ex  officio  overseer[s]  of  the  poor  in  their  respective 
towns. 


ART.  IX.  THE  TOWN  CLERK  AND  HIS  DUTIES. 


§  1.  Custody  of  Town  Records. 

Administering  Oaths. 

§  2.  Proceedings  of  Town  Meetings. 


§  3.  Votes  for  Raising  Money. 

§  4.  Return  of  Justices  Elected. 
§  6.  Copies  of  all  Papers. 


Laivs  1861,  231.  20  Feb.  [1  Apr.]  §  1.  Laws  1867*  173.  8  Mar.  [27  Aug.]  §  2.  Laws 
1869,|  407.  4  Mar.  §  1.  1.  Custody  of  Records  —  Administering  Oaths.]  The 

town  clerk  of  each  town  in  this  state  shall  have  the  custody  of  all  records,  books  and 
papers  of  the  town,  and  he  shall  duly  file  all  certificates  of  oaths  and  other  papers  re¬ 
quired  by  law  to  be  filed  in  his  office,*  and  he  shall  have  power  to  administer  the  oath  of 
office  to  all  town  officers  :  f  and  it  is  hereby  made  the  duty  of  the  town  clerk  to  adminis¬ 
ter  all  necessary  oaths  which  may  be  required  in  the  transaction  of  any  township  business 
in  the  town  where  he  may  be  clerk  :  Provided ,  that  nothing  herein  shall  be  so  construed 
as  to  deprive  any  other  person  from  administering  said  oaths  as  heretofore. 

Laws  1861,  231.  20  Feb.  [1  Apr.]  §  2.  *5.  Proceedings  of  Town  Meetings.] 

He  shall  transcribe  in  the  book  of  records  of  his  town  the  minutes  of  the  proceedings  of 
every  town  meeting  held  therein,  and  he  shall  enter  in  his  book  every  order  or  direction, 
and  all  rules  and  regulations  by  any  such  town  meeting. 

Ibid.  §  3.  3.  Votes  for  Raising  Money.]  He  shall  deliver  to  the  supervisor,  be¬ 

fore  the  annual  meeting  of  the  board  of  supervisors  of  the  county,  in  each  year,  certified 
copies  of  all  entries  of  votes  for  raising  money,  made  since  the  last  meeting  of  the  board 
of  supervisors,  and  recorded  the  same  in  the  town  book. 

Ibid.  §  4.  4:.  Return  of  Justices  and  Constables  Elected.]  The  town  clerk, 

immediately  after  the  election  of  justice  of  the  peace,  or  the  qualifying  of  any  constable, 
elected  or  appointed  in  their  respective  towns,  shall  return  to  the  county  clerk  of  their 
respective  counties  the  names  of  such  justices  and  constables. 

Ibid.  §  5.  5.  Omitting  such  Return.]  If  any  town  clerk  shall  wilfully  omit  to 

make  such  return,  such  omission  is  hereby  declared  to  be  a  misdemeanor,  and  on  con¬ 
viction  thereof,  the  person  so  offending  shall  be  adjudged  to  pay  a  fine  not  exceed¬ 
ing  $10. 

Ibid.  §  6.  6.  Copies  of  Papers.]  Copies  of  all  papers  duly  filed  in  the  office  of  the 

town  clerk,  and  transcripts  from  the  book  of  records,  certified  by  him,  shall  be  evidence 
in  all  courts,  in  like  manner  as  if  the  originals  were  produced. 


Chap.  L03d. 


1 — 9. 


753 


Township  Organization. 


Art.  X.  The  Board  of  Auditors  —  Health. 


ART.  X.  THE  BOARD  OF  AUDITORS  —  HEALTH. 


§  1.  Officers  Composing  the  Board. 

§  2.  Any  Officer  Being  Absent. 

§  3.  Meetings  of  the  Board. 

§  4.  Accounts  Kept  on  File. 

§  5.  Charges  Against  Towns. 

Compensation  of  Town  Officers. 
§  6.  Accounts  to  be  Sworn. 


§  7.  Certificate  to  be  Made. 

§  8.  What  are  Town  Charges. 

§  9.  Raising  Money  Therefor. 

§10.  The  Board  of  Health. 

§11.  Records — Compensation  —  Expenses. 
§12.  Acceptance  of  the  Act. 


Laws  1861,  232.  20  Feb.  [1  Apr.']  §  1.  1.  Officers  Composing  the  Board.]  In 

each  town  the  supervisor,  town  clerk  and  justices  of  the  peace  of  the  town  shall 
constitute  a  board  of  auditors  to  examine  the  accounts  of  the  overseers  of  the  poor 
and  the  commissioners  of  highways  for  such  town,  for  moneys  received  and  disbursed  by 
them. 

Ibid.  §  2.  2.  Any  Officer  Being  Absent.]  In  case  of  the  absence  of  any  or  either 

of  said  officers  or  their  failure  to  attend  any  meeting  of  the  board,  those  attending  may 
associate  with  them  the  collector  or  assessor  of  the  town,  or  both,  in  place  of  any  absentee 
or  absentees,  as  the  case  may  be,  who  shall  act,  for  the  time  being,  as  members  of  such 
board. 

Ibid.  §  3.  3.  Meetings  of  the  Board.]  The  board  of  auditors  of  town  accounts 
shall  meet  at  the  town  clerk’s  office  for  the  purpose  of  examining  and  auditing  the 
town  accounts,  semi-annually,  in  their  respective  towns,  on  the  Tuesday  next  preceding 
the  annual  [town]  meeting  of  the  board  of  supervisors,  and  on  the  Tuesday  next  pre¬ 
ceding  the  annual  meeting,  and  such  other  times  as  the  interests  of  the  town  may 
require. 

Ibid.  §  4.  41.  Accounts  Filed  by  the  Clerk.]  The  accounts  so  audited,  and  those 

rejected,  if  any,  shall  be  delivered,  with  the  certificate  of  the  auditors,  or  a  majority  of 
them,  to  the  town  clerk,  to  be  by  him  kept  on  file  for  the  inspection  of  any  of  the  inhab¬ 
itants  of  the  town.  They  shall  also  be  produced  by  the  town  clerk  at  the  next  annual 
meeting,  and  shall  be  there  read  by  him. 

Ibid.  §  5.  o.  Charges  Against  Towns  —  Compensation  of  Town  Officers.] 
The  board  of  auditors,  composed  of  the  same  officers  then  in  office,  shall  at  the  same  time 
and  place  as  stated  in  §  2,  [3]  examine  and  audit  all  charges  and  claims  against  their  re¬ 
spective  towns,  and  the  compensation  of  all  town  officers,  except  supervisors,  for  county 
services. 

Ibid.  §  6.  Affidavits  to  Accounts.]  The  board  of  auditors  may  require  ac¬ 

counts  presented  to  be  verified  by  affidavit,  setting  forth  that  the  same  is  correct  and  just 
and  is  unpaid,  or  if  any  part  thereof  has  been  paid,  setting  forth  how  much. 

Ibid.  §  7.  7.  Certificate  to  be  Made.]  The  said  board  shall  make  a  certificate,  to 

be  signed  by  a  majority  of  said  board,  specifying  the  nature  of  the  claim  or  demand,  and 
to  whom  the  amount  is  allowed,  and  shall  cause  said  certificate  to  be  delivered  to  the 
town  clerk  of  said  town,  to  be  by  him  kept  on  file,  for  the  inspection  of  any  of  the  inhab 
itants  of  said  town  :  and  the  aggregate  amount  shall  be  delivered  to  the  supervisor,  to  be 
by  him  laid  before  the  board  of  supervisors,  at  their  annual  meeting.  The  board  of 
supervisors  shall  cause  the  amount  of  said  charges  to  be  levied  upon  the  property  of 
said  town,  and  collected  as  other  taxes  are  levied  and  collected.  The  claims  and  com¬ 
pensation  audited  and  allowed  shall  be  read  to  the  electors,  at  the  next  annual  [town] 
meeting,  as  directed  in  §  4  of  this  article. 

Ibid.  §  8.  8.  What  are  Town  Charges.]  The  following  shall  be  deemed  town 

charges  :  1.  The  compensation  of  town  officers  for  services  rendered  their  respective 
towns.  2.  Contingent  expenses,  necessarily  incurred,  for  the  use  and  benefit  of  the  town. 
3.  The  moneys  authorized  to  be  raised  by  the  vote  of  a  town  meeting,  for  any  town  pur¬ 
poses  ;  and  4.  Every  sum  directed  by  law  to  be  raised  for  any  town  purposes. 

Ibid.  §  9.  Raising  Money  for  Town  Charges.]  The  moneys  necessary  to  de¬ 

fray  the  town  charges  of  each  town  shall  be  levied  on  the  taxable  property  in  such  town, 
in  the  manner  prescribed  in  the  act  for  raising  revenue  and  other  moneys  for  state  and 
county  purposes  and  expenses. 

43 


Chap.  103d.  Art.  11 


754 


To  WNST 1 1 P  0  RG  A  X  l  Z  AT  I  ON. 


Art.  XT.  Compensation  of  Town  Officers. 

Laws  1865,  75.  16  Feb.  [17  Apr.~\  §  1.  10.  Of  the  Board  of  Health.]  The 

supervisors,  assessor  and  town  clerk  of  every  township  shall  constitute  a  board  of  health, 
and  on  the  breaking  out  of  any  contagious  disease  in  their  township  or  immediate  vicin¬ 
ity,  they  shall  have  power  to  make  and  enforce  any  rules  and  regulations,  tending  to 
check  the  spreading  of  such  disease  within  the  limits  of  such  township,  as  they  may 
deem  proper ;  and  for  tins  purpose  they  shall  have  power  to  shut  up  any  house  where 
any  infected  person  may  be,  or  remove  such  person  to  any  pest  house  within  the  limits 
of  said  township,  at  the  expense  of  said  party  so  moved,  if  he  be  of  sufficient  ability  to 
pay,  otherwise  at  the  expense  of  said  town. 

Ibid.  §  2.  11.  Records  —  Compensation  and  Expenses.]  The  town  clerk  shall 

keep  a  full  record  of  all  the  doings  of  said  board,  and  report  the  same  to  the  annual 
town  meeting  of  such  township,  and  said  board  shall  be  allowed  for  their  time  spent  in 
the  performance  of  their  said  duties,  the  same  sum  now  allowed  to  supervisors,  and  the 
same,  together  with  all  bills  by  them  contracted,  and  all  sums  of  money  by  them 
expended,  shall  be  audited  by  the  board  of  auditors  of  such  town,  and  be  paid  in  the 
same  manner  as  the  town  expenses  are  now  by  law  paid. 

Ibid.  §  3.  13.  Acceptance  of  this  Act.]  This  act  shall  only  be  in  operation  in 

counties  where  the  board  of  supervisors  shall,  by  its  resolution,  accept  the  same. 

ART.  XI.  COMPENSATION  OF  TOWN  OFFICERS. 

1.  Town  Clerk  and  Supervisor.  Laws  1872,  443.  29  March  [1  Jidy.~]  §  36.  The 
following  named  town  officers  shall  be  entitled  to  compensation  at  the  following  rates,  for 
each  day  necessarily  devoted  by  them  to  the  services  of  the  town,  in  the  duties  of  their 
respective  offices  :  The  town  clerk,  supervisor  and  overseer  of  the  poor,  shall  receive  for 
their  services  $2.  per  day,  when  attending  to  town  business  out  of  town ;  SI.  for  town 
business  in  their  town :  Provided ,  that  the  town  clerk  shall  receive  fees  for  the  following, 
and  not  a  per  diem:  For  serving  notices  of  election  upon  town  officers,  as  required  by 
law,  25  cents  each.  For  filing  any  paper,  required  by  law  to  be  filed  in  his  office,  5 
cents  each ;  for  posting  up  notices,  required  by  law,  25  cents  each  ;  for  recording  any 
order  or  instruments  of  writing,  authorized  by  law,  6  cents  for  each  100  words ;  for  copy¬ 
ing  any  record  in  his  office,  and  certifying  to  the  same,  6  cents  for  every  100  words,  to 
be  paid  by  the  person  applying  for  the  same;  for  copying  by-laws  for  posting  or  publica¬ 
tion,  6  cents  each  100  words,  to  be  paid  for  by  the  town. 

3.  Assessor  :  Pound  Master.]  The  town  assessor  shall  receive  for  his  services  as 
assessor,  $2.50  per  day  :  Provided,  that  in  towns  of  50,000  inhabitants  and  upwards,  in 
counties  of  the  third  class,  the  assessor  shall  receive  $5.  per  day.  The  pound  master 
shall  be  allowed  the  following  fees  for  his  services,  to-wit:  For  taking  into  the  pound 
and  discharging  therefrom  every  horse,  ass  or  mule,  and  all  neat  cattle,  10  cents  each ; 
for  every  sheep  or  lamb,  3  cents  each  ;  and  for  every  hog,  large  or  small,  5  cents  each. 

3.  Board  of  Appointment  :  Official  Oath.]  The  officers  composing  the  board  of 
appointment  in  case  of  vacancy,  when  they  shall  meet  for  that  purpose,  and  the  officers 
composing  the  board  of  town  auditors,  shall  each  be  entitled  to  $1.  a  day  for  their  ser¬ 
vices.  No  justice  of  the  peace  or  town  officer  shall  be  entitled  to  any  fee  or  compensa¬ 
tion,  from  any  individual  elected  or  chosen  to  a  town  office,  for  administering  to  him  the 
oath  of  office. 

4.  Town  Collector’s  Commission.]  Each  town  or  district  collector  shall  be 
allowed  a  commission  of  2  per  cent,  on  all  moneys  collected  by  him,  to  be  paid  out  of 
the  respective  funds  collected :  Provided.,  that  in  any  case  where  the  compensation  so 
allowed  shall  be  insufficient,  the  town  or  county  board  may  allow  an  additional  compen¬ 
sation  or  per  diem  in  lieu  of  other  or  greater  commissions,  in  which  case  said  additional 
compensation  shall  be  paid  out  of  the  town  or  county  treasury,  as  the  case  may  require  : 
And  'provided  farther,  that  all  excess  of  commissions  and  fees  over  $1,500.  shall  be  paid 
into  the  town  or  district  treasury. 

fees  of  the  board  of  supervisors. 

•>.  Mileage  and  Per  Diem.]  §  39.  The  members  of  the  board  of  supervisors,  and 
the  board  of  commissioners  of  Cook  county,  shall  each  receive  the  sum  of  $2.50  per  day, 
for  the  time  actually  and  necessarily  engaged  in  the  discharge  of  his  duties  as  a  member 
of  such  board  of  supervisors,  to  be  paid  on  the  order  of  the  board  out  of  the  county 
treasury,  and  mileage,  5  cents  each  way,  for  necessary  travel,  and  no  other  allowance  or 
emolument,  directly  or  indirectly,  for  any  purpose  whatever. 


Chap.  103d. 


1—9. 


755 


Township  Organization. 


Art.  XII.  Legal  Proceedings  by  and  against  Towns. 


ART.  XII.  LEGAL  PROCEEDINGS  BY  AND  AGAINST  TOWNS. 


§  1.  Manner  of  Conducting. 

§  2.  Name  of  Town  Used. 

§  3.  Process  Served  30  Days. 

§  4.  Service  on  the  Supervisor. 


§  5.  Witnesses  and  Jurors. 

§  6.  Suits  Before  Justices. 

§  7.  Actions  for  Trespass. 

§  9.  Of  Costs  and  Judgment. 


Laws  1861,  234.  20  Feb.  [1  Apr.~\  §  1.  1.  Manner  of  Conducting.]  Whenever 

any  controversy  or  cause  of  action  shall  exist  between  any  towns  of  this  state,  and 
between  any  town  and  individual  or  corporation,  such  proceedings  shall  be  had,  either  at 
law  or  equity,  for  the  purpose  of  trying  and  finally  settling  such  controversy  ;  and  the 
same  shall  be  conducted  in  the  same  manner  and  the  judgment  or  decree  therein  shall 
have  the  like  effect  as  in  other  suits  or  proceedings  of  a  similar  kind  between  individuals 
and  corporations. 

Ibid.  §  2.  Name  of  the  Town  to  be  Used.]  In  all  such  suits  and  proceedings 

the  town  shall  sue  and  be  sued  by  its  name,  except  where  town  officers  shall  be  author¬ 
ized  by  law  to  sue  in  their  name  of  office  for  the  benefit  of  the  town. 

Ibid.  §  3.  3.  Process  Served  30  Days.]  But  no  towns  or  their  officers  shall  be 

required  to  appear,  answer  or  plead  to  any.  such  suit  or  action  at  the  first  term  of  the 
court  after  the  commencement  thereof,  (when  the  same  shall  be  commenced  in  the  circuit 
court*)  unless  the  process  aforesaid  shall  be  served,  as  herein  directed,  at  least  30  days 
before  the  commencement  of  the  term. 

Ibid.  §  4.  4L  Process  Served  on  Supervisor.]  In  all  legal  proceedings  against 
the  town,  by  name,  the  first  process  and  all  other  proceedings  required  to  be  served  shall 
be  served  on  the  supervisor  of  the  town.  And  whenever  any  suit  or  proceeding  shall  be 
commenced,  it  shall  be  the  duty  of  the  supervisor  to  attend  to  the  defense  thereof,  and 
lay  before  the  electors  of  the  town,  at  the  first  town  meeting,  a  full  statement  of  such 
suit  or  proceeding,  for  their  direction  in  regard  to  the  defense  thereof. 

Ibid.  §  5.  Witnesses  and  Jurors.]  On  the  trial  of  every  action  in  which  the 

town  will  be  a  party  or  interested,  the  electors  and  inhabitants  of  such  town  shall  be  com¬ 
petent  witnesses  and  jurors,  except  that  in  suits  and  proceedings  by  one  town  against 
another,  no  inhabitant  of  either  town  shall  be  a  juror. 

Ibid.  §  6.  <13*  Suits  Before  Justices.]  Any  action  in  favor  of  a  town,  which,  if 

brought  by  an  individual,  could  be  prosecuted  before  a  justice  of  the  peace,  may  be 
prosecuted  by  such  town  in  like  manner,  before  any  such  justice  ;  but  no  action  to  re¬ 
cover  shall  be  brought  before  any  of  the  justices  of  the  peace  residing  in  the  town  for 
the  benefit  of  which  the  same  is  prosecuted,  but  all  such  actions  may  be  brought  before 
any  one  of  the  justices  of  the  peace  residing  in  any  other  town  in  the  same  county. 

Ibid.  §  7.  7.  Actions  for  Trespass.]  Whenever  any  action  shall  be  brought  to 

recover  a  penalty  imposed  for  any  trespass  committed  on  the  lands  belonging  to  the 
town,  if  it  shall  appear  on  the  trial  thereof  that  the  actual  amount  of  injury  to  such  town 
lands,  in  consequence  of  such  trespass,  exceeds  the  sum  of  $12.50,  then  the  amount  of 
actual  damage,  with  costs  of  suit,  shall  be  recovered  in  said  action,  instead  of  any  penalty 
for  the  same  trespass,  imposed  by  the  town  meeting ;  and  such  recovery  shall  be  a  bar 
to  every  other  suit  for  the  same  trespass. 

Ibid.  §  8.  8.  Town  Commons  —  Common  Lands.]  Whenever,  by  any  decree  or 

decision  in  any  suit  or  proceeding,  brought  to  settle  any  controversy  in  relation  to  town 
commons  or  other  lands  the  common  property  of  a  town,  or  for  the  partition  thereof,  the 
right  of  any  town  shall  be  settled  and  confirmed  ;  the  court  in  which  such  proceedings 
shall  be  had,  may  partition  such  lands  according  to  the  rights  of  the  parties. 

Ibid.  §  9.  9.  Of  Costs  and  Judgment.]  In  all  suits  or  proceedings,  prosecuted  by 

or  against  towns,  or  by  or  against  town  officers  in  their  name  of  office,  costs  shall  be  re¬ 
covered  as  in  like  cases  between  individuals.  Judgments  recovered  against  a  town  or 
against  town  officers,  in  actions  prosecuted  by  or  against  them  in  their  name  of  office, 
shall  be  a  town  charge,  and,  when  levied  and  collected,  shall  be  >aid  to  the  person  or 
persons  to  whom  the  same  shall  have  been  adjudged. 


Chap.  103d.  Art.  14. 


756 


Township  Organization. 


Art.  XIV.  The  Board  of  Supervisors. 


ART.  XIII.  COUNTIES  AS  BODIES  CORPORATE. 


§  1.  Corporate  Powers  of  Counties.  §  4.  County  Powers  —  How  Exercised. 

§  3.  Name  of  Board  of  Supervisors.  §  5.  The  Service  of  Process. 

Laics  1861,  235.  20  Feb.  [1  Apr.~\  §  1.  1.  Corporate  Powers  of  Counties.  Con¬ 

sult  also  Ch.  27.]  Each  county,  as  a  body  corporate,  has  capacity:  1.  To  sue  and  be  sued, 
in  the  manner  prescribed  by  law.  2.  To  purchase  and  hold  land,  within  its  own  limits, 
and  for  the  use  of  its  inhabitants,  subject  to  the  power  of  the  general  assembly  over  the 
same.  3.  To  make  such  contracts  and  purchase  and  hold  such  personal  property  as  may 
be  necessary  to  the  exercise  of  its  corporate  or  administrative  powers  ;  and  4.  To  make 
such  orders  for  the  disposition,  regulation  or  use  of  corporate  property  as  may  be  deemed 
conducive  to  the  interests  of  its  inhabitants. 

Ibid.  §  2.  Limitations.]  No  county,  under  this  organization,  shall  possess  or 

exercise  any  corporate  powers,  except  such  as  are  enumerated  in  this  act,  or  shall  be 
specially  given  by  law,  or  shall  be  necessary  to  the  exercise  of  the  powers  so  enumerated 
or  given. 

Ibid.  §  3.  S.  Name  of  the  Board  of  Supervisors  —  Conveyances.]  All  acts 
and  proceedings  by  or  against  a  county,  in  its  corporate  capacity,  shall  be  in  the  name  of 
the  board  of  supervisors  of  such  county;  but  every  conveyance  of  lands  within  the  limits 
of  such  county,  made  in  any  manner,  for  the  use  and  benefit  of  its  inhabitants,  shall  have 
the  same  effect  as  if  made  to  the  board  of  supervisors. 

Ibid.  §  4.  dL  Powers  of  a  County  —  Mow  Exercised.]  The  powers  of  a  county, 
as  a  body  politic,  can  only  be  exercised  by  the  board  of  supervisors  thereof,  or  in  pursu¬ 
ance  of  a  resolution  by  them  adopted. 

Ibid.  §  5.  S  ervice  of  Process.]  In  all  suits  or  proceedings  against  a  county, 

the  service  of  process  shall  be  by  leaving  a  copy  thereof  with  the  clerk  of  the  board  of 
supervisors,  and  by  leaving  also  a  copy  with  the  chairman  of  said  board.  In  case  there 
shall  be  no  chairman  acting,  then  by  leaving  a  copy  with  any  three  members  of  said 
board.  —  [Consult  also  Ch.  27  §  6. 


ART.  XIV.  THE  BOARD  OF  SUPERVISORS. 


§  10.  Duties  of  County  Cleric. 

§  1 2.  Records  of  the  Board. 

§  13.  Accounts  Indorsed  and  Certified. 

§  14.  Court  Houses  and  Jails. 

§  15.  Poor  and  Poor  Houses. 

§  16.  New  Town —  Name  Changed. 

§  1 7.  Per  Diem  of  Supervisor. 

§  18.  Proceedings  to  be  Published. 

§  19.  Duties  Neglected  or  Refused. 

A  n  act  to  amend  the  law  concerning  township  organization.  Approved  12  April,  1871.  In  force  1  July ,  1871. 

1.  Annual  and  Special  Meetings.]  §  1.  The  county  boards  of  the  several  coun¬ 
ties  in  this  state  that  have  or  may  adopt  township  organization,  shall  be  composed  of  the 
supervisors  and  assistant  supervisors  of  the  organized  townships  thereof,  and  supervisors 
of  incorporated  towns  and  cities.  Such  supervisors  shall  meet  annually  in  their  respective 
counties,  for  the  dispatch  of  business  as  a  board  of  supervisors  ;  they  may  also  hold  special 
meetings  at  such  times  and  places  as  they  may  find  convenient,  and  shall  have  power  to 
adjourn  from  time  to  time,  as  they  may  deem  necessary. 

£5.  Notice  for  Special  Meetings.  Laws  1861,  236.  20  Feb.  [1  Apr.~\  §  1.  Spe¬ 

cial  meetings  of  the  board  of  supervisors  shall  be  held  only  when  requested  by  at  least 
one-third  of  the  members  of  the  board  ;  which  request  shall  be  in  writing,  addressed  to 
the  clerk  of  the  board,  and  specifying  the  time  and  place  of  such  meeting;  upon  reception 
of  which  the  clerk  shall  immediately  transmit  notice,  in  writing,  of  such  meeting  to  each 
of  the  members  of  the  board.  The  clerk  shall  also  cause  notice  of  such  meeting  to  be 
published  in  some  newspaper  published  in  the  county,  if  any  is  published  therein. 

3,  Annual  Meetings.  Laws  1869,  401.  29  Mar.  [19  June.~\  §  1.  The  annual  meet- 


§  1.  Annual  and  Special  Meetings. 
§  2.  Notice  for  Special  Meetings. 

§  3.  Time  of  A  nnual  Meetings. 

§  4.  Chairman  of  the  Board. 

§  5.  Certificates  of  Election. 

§  6.  Powers  of  the  Supervisors. 

§  7.  Quorum  of  the  Board. 

§  8.  Doors  to  be  Opened. 

§  9.  Oath  to  be  Administered. 


Township  Organization: 


Chap.  103d.  §§4—13.  757 

Art.  XIV.  The  Board  of  Supervisors. 

ing  of  the  board  of  supervisors,  in  all  counties  having  township  organization,  shall  be 
held  on  the  second  Tuesday  in  September,  annually,  instead  of  the  second  Monday  as 
now  required  by  law. 

Laws  1$61,  236.  20  Feb.  [1  Apr.~\  §  4.  dt.  Chairman  of  the  Board.]  The  board 
of  supervisors,  at  their  first  meeting  in  every  year,  shall  organize,  by  choosing  one  of  their 
number  as  chairman,  who  shall  preside  at  all  meetings  of  the  board  during  the  year.  In 
case  of  his  absence  at  any  meeting,  the  members  present  shall  choose  one  of  their  num¬ 
ber  as  temporary  chairman. 

Ibid.  §  5.  «5.  Certificates  of  Election.]  The  supervisors  shall  severally  lay  be¬ 

fore  the  board  of  supervisors,  at  the  first  meeting  after  the  election,  their  several  certifi¬ 
cates  of  election  ;  which  shall  be  examined  by  the  board  of  supervisors,  and,  if  found 
regular,  shall  be  filed  in  the  office  of  the  clerk  of  the  county  court. 

Ibid.  §  6.  S.  Powers  of  the  Supervisors.]  The  board  of  supervisors  of  each 
county  in  this  state  shall  have  power,  at  their  annual  meetings,  or  at  any  other  meeting: 

1.  To  make  all  such  orders  concerning  the  corporate  property  of  the  county  as  they 
may  deem  expedient. 

2%  To  audit  all  accounts  chargeable  against  such  county,  and  to  direct  the  raising  of 
such  sums  as  may  be  necessary  to  defray  the  same. 

3.  To  audit  the  accounts  of  town  officers  and  other  persons  against  their  respective 
towns,  as  are  not  otherwise  by  law  provided,  and  to  direct  the  raising  of  such  sums  as  may 
be  necessary  to  defray  the  same. 

4.  To  appropriate  funds  to  aid  in  the  construction  of  roads  and  bridges,  in  any  part  of 
their  respective  counties,  whenever  a  majority  of  the  whole  board  of  the  county  may  deem 
it  proper  and  expedient. 

5.  To  change  the  boundaries  of  towns  and  to  create  new  towns,  in  their  respective 
counties,  in  manner  provided  by  law  ;  to  designate  and  give  names  thereto,  and  to  fix  the 
place  of  holding  the  first  town  meeting  therein. 

6.  To  change  the  name  of  any  town  or  incorporated  village  in  their  respective  counties, 
upon  petition  of  a  majority  of  the  voters  of  said  town  or  incorporated  village.  —  [Consult 
also  Art.  1  §  8. 

7.  To  relocate  or  vacate  state  roads  in  their  respective  counties,  as  the  public  interest 
may  require,  in  manner  provided  by  law. 

8.  To  perform  all  other  duties,  not  inconsistent  with  this  act,  which  may  be  required  of 

or  enjoined  on  them  by  any  laws  of  this  state,  or  which  are  enjoined  upon  county  courts, 
when  holding  terms  for  the  transaction  of  county  business  in  those  counties  not  adopting 
township  organization.  , 

Power  to  offer  rewards  for  criminals;  consult  Ch.  45. 

Ibid.  §  7.  <T.  Quorum.]  A  majority  of  the  supervisors  of  any  county  shall  constitute 

a  quorum  for  the  transaction  of  business  ;  and  all  questions  which  shall  arise  at  meetings 
shall  be  determined  by  the  votes  of  the  majority  of  the  supervisors  present,  except  in  such 
cases  as  is  otherwise  provided. 

Ibid.  §  8.  8.  Doors  to  be  Open.]  The  board  of  supervisors  shall  sit  with  open 

doors,  and  all  persons  may  attend  their  meetings. 

Ibid.  §  9.  ©.  Oath  Administered  by  Chairman.]  Every  chairman  of  the  board 

of  supervisors  shall  have  power  to  administer  an  oath  to  any  person  concerning  any  mat¬ 
ters  submitted  to  the  board  or  connected  with  their  powers  and  duties. 

Ibid.  §  10.  1©.  Duties  of  the  County  Clerk.]  The  clerk  of  the  county  court 

shall  be  clerk  of  the  board  of  supervisors,  whose  general  duties  shall  be  :  1.  To  record  in 
a  book,  to  be  provided  for  that  purpose,  all  the  proceedings  of  the  board.  2.  To  make 
regular  entries  of  all  the  resolutions  or  decisions  on  all  questions  concerning  the  raising 
or  payment  of  moneys,  or  for  the  regulating  of  affairs  under  their  control.  3.  To  record 
the  vote  of  the  supervisors  on  any  question  submitted  to  the  board,  if  required  by  any 
member  of  the  board.  4.  To  file  and  preserve  all  accounts  acted  upon  by  the  board. 

Ibid.  §  11.  11.  His  Compensation.]  The  clerk  shall  receive  a  reasonable  compen¬ 

sation  for  his  services,  to  be  fixed  by  the  board,  and  to  be  paid  by  the  county. 

Ibid.  §  12.  1*|.  Records  of  the  Board.]  The  books,  records  and  accounts  of  the 

board  of  supervisors  shall  be  deposited  with  the  clerk,  and  shall  be  open,  without  reward, 
to  the  examination  of  all  persons. 

Ibid.  §  13.  13.  Accounts  Indorsed  and  Certified.]  It  shall  be  the  duty  of  the 


Chap.  103d.  Art.  15. 


758 


Township  Organization. 


Art.  XV-  The  County  Treasurer. 

clerk  to  designate  upon  every  account  upon  which  any  sum  shall  be  audited  and  allowed 
by  the  board,  the  charges  for  which  the  same  was  allowed,  and  he  shall  deliver  to  any 
person  who  may  demand  it,  a  certified  copy  of  any  account  on  file  in  his  office  on  receiv¬ 
ing  from  such  person  five  cents  for  every  100  words  contained  in  said  copy. 

Ibid.  §  14.  14.  Court  Houses  and  Jails.  Consult  also  Ch.  27  §  19.]  It  shall 

be  the  duty  of  the  several  boards  of  supervisors,  as  often  as  it  shall  be  necessary,  to  build 
court  houses  and  jails,  or  cause  the  same  to  be  repaired,  in  their  respective  counties,  at  the 
expense  of  such  counties. 

Ibid.  §  15.  1p>.  Poor  and  Poor  Houses.  Consult  also  Ch.  80.]  It  shall  be  the 

duty  of  the  board  of  supervisors  to  take  charge  of  the  poor  and  the  management  of  the 
poor  house  in  their  respective  counties.  And  the  overseers  of  the  poor  of  the  several 
towns  shall  be  accountable  to,  and  their  compensation  and  accounts  shall  be  audited  by 
the  board  of  supervisors  and  paid  by  the  county. 

Ibid.  §  16.  1(5.  New  Town  —  Name  Changed.]  Whenever  the  board  of  super¬ 

visors  shall  create  a  new  town  or  change  the  name  of  an  existing  town  or  incorporated 
village,  the  clerk  shall  transmit  to  the  auditor  of  public  accounts  a  statement  of  such 
action  on  the  part  of  the  board  ;  and  if  it  shall  appear  that  there  is  already  a  town  or  in¬ 
corporated  village  in  the  state  of  the  same  name  as  that  designated  by  the  supervisors,  the 
auditor  shall  so  inform  the  clerk  of  said  board ;  and  the  supervisors  shall  designate 
another  name,  not  already  applied  to  any  other  town  or  incorporated  village  within  the 
state. 

Ibid.  §  17.  17.  Per  Diem  of  Supervisor.]  Each  member  of  the  board  of  super¬ 

visors  shall  be  allowed  a  compensation  for  his  services  and  expenses  in  attending  the 
meeting  of  the  board  or  for  attending  to  any  other  business  for  the  benefit  of  the  county, 
or  as  a  member  of  the  board,  not  exceeding  $2.  per  day,  and  no  more. 

Ibid .  §  18.  18.  Proceedings  Published.]  The  clerk  of  the  board  of  supervisors 
shall,  at  the  close  of  each  annual  or  special  meeting  of  the  board,  cause  a  brief  statement 
of  the  proceedings  thereof  to  be  published  in  a  newspaper  published  in  the  county,  in 
which  shall  be  set  forth  the  name  of  every  individual  who  shall  have  had  any  account 
audited  and  allowed  by  said  board,  and  the  amount  of  said  claim  as  allowed  and 
amount  claimed,  and  also  their  proceedings  upon  the  equalization  of  the  assessment 
roll. 

Ibid.  §19.  10.  Duties  Neglected  or  Refused.]  If  any  supervisor  shall  wilfully 

refuse  or  neglect  to  perform  any  of  the  duties  which  are  or  shall  be  required  of  him  by 
law  as  a  member  of  the  board  of  supervisors,  he  shall,  for  every  such  offense,  forfeit  the 
sum  of  $200. 


ART.  XV.  THE  COUNTY  TREASURER. 


Consult  also,  Ch.  28  and  Ch.  89  Art.  III.  and  V. 


§  1.  His  Acceptance  —  His  Bond. 
§  2.  Such  Bond  to  be  Additional. 

§  3.  Approvfd,  Record  and  Lien. 

§  4.  Shall  Receive  County  Funds. 
§  5.  And  Keep  the  Accounts. 

§  6.  Collection  of  Taxes  —  Fees. 


§  7.  Exhibit  of  Books  and  Vouchers. 

§  8.  In  Case  of  Death ,  Resignation ,  etc. 
§  9.  Failing  to  Deliver  JSIoney,  etc. 

§  10.  Commissions  Allowed. 

§11.  Treasurer  to  be  Prosecuted. 

§12.  Of  the  Moneys  Recovered. 


Laws  1861,  239.  20  Feb.  [1  Apr.~\  §  1.  1.  His  Acceptance  —  His  Bond.]  Every 

person  elected  or  appointed  to  the  office  of  county  treasurer  shall,  within  10  days  after  he 
is  notified  of  his  election  or  appointment,  file  in  the  office  of  the  county  court  clerk  a 
written  acceptance  of  the  office  of  treasurer;  and  before  he  enters  upon  the  duties  of  his 
office  shall  give  bond  to  the  board  of  supervisors  of  the  county,  with  two  or  more  sufficient 
sureties,  to  be  approved  by  the  board  of  supervisors,  and  in  such  sum  as  they  shall  direct, 
conditioned  that  such  person  shall  faithfully  execute  the  duties  of  his  office,  and  shall  pay 
according  to  law,  all  moneys  which  shall  come  to  his  hands  as  treasurer,  and  render  a  just 
and  true  account  thereof  to  the  board  of  supervisors  or  to  the  auditor  of  public  accounts 
of  this  state,  when  thereupon  required. 


Chap.  103d. 


2—12. 


759 


Township  Organization. 


Art.  XV.  The  County  Treasurer. 

_  -  .  -  -  —  -  -  -  ■  - - - 

4 

Ibid.  §  2.  2.  Such  Bond  to  be  Additional.]  The  bond  required  by  the  preced¬ 

ing  section  shall  not,  however,  dispense  with  the  necessity  of  the  bond  from ‘such  treasurer 
as  county  collector  of  taxes,  as  now  provided  by  law,  and  nothing  in  this  act  shall  be 
construed  as  having  that  effect ;  but  the  county  treasurer  shall  be  required  to  execute 
bond  as  county  collector,  the  same  and  in  the  same  manner  as  is  now  by  law  provided. 

Ibid.  §  3.  3.  Approval  and  Record  —  Lien  of.]  Such  bond  when  approved  by 

the  board  of  supervisors  shall  be  entered  upon  the  records  and  filed  in  the  office  of  the 
county  clerk.  Said  clerk  shall  forward  a  certified  copy  thereof  to  the  auditor  of 
public  accounts  who  shall  file  the  same  in  his  office  ;  and  such  copy  shall  have  the  same 
force  and  effect  as  the  original  bond.  County  treasurer’s  bonds  shall  be  a  lien  against  their 
real  estate. 

Ibid.  §4.  4.  Shall  Receive  Moneys.]  It  shall  be  the  duty  of  the  county  treasurer 

to  receive  all  moneys  belonging  to  the  county  from  whatever  source  they  may  be  derived, 
and  all  moneys  belonging  to  the  state,  which  by  law  are  directed  to  be  paid  to  him,  and  to 
pay  and  apply  such  moneys  in  the  manner  required  by  law. 

Ibid.  §  5.  «5.  And  Keep  Accounts.]  The  county  treasurer  shall  keep  a  just  and 

true  account  of  the  receipts  and  expenditures  of  all  moneys,  in  a  book  or  books  to  be 
kept  for  that  purpose  ;  which  books  shall  be  provided  at  the  expense  of  the  county. 

Ibid.  §  6.  6.  Collection  of  Taxes  —  Fees  therefor.]  The  county  treasurer  shall 

have  the  same  power  to  collect  the  taxes  charged  against  the  delinquent  or  non-resident 
lands  or  town  lots,  and  to  make  sale  thereof  for  the  same,  as  is  now  or  may  hereafter  be 
vested  in  the  sheriff  or  collector,  under  the  general  laws  of  this  state,  and  shall  account 
for  and  pay  over  the  state  tax,  in  like  manner  and  at  the  same  time  that  county  collectors 
are  required  to  pay  over  said  tax.  Said  treasurer  shall  be  entitled  to  like  fees  for  delin¬ 
quent  real  estate  and  for  traveling  to  the  seat  of  government,  as  county  collectors  are  en¬ 
titled  to  under  the  revenue  laws.  The  county  treasurer  shall,  within  20  days  after  having 
completed  the  collection  of  the  delinquent  tax,  deposit  the  assessment  rolls  or  tax  books 
returned  by  the  town  collectors,  in  the  office  of  the  county  clerk. 

Ibid.  §  7.  7 .  Exhibit  of  Books  and  Vouchers.]  At  the  annual  meeting  of  the 
board  of  supervisors,  or  at  such  other  times  as  they  shall  direct,  the  county  treasurer  shall 
exhibit  to  them  all  his  books  and  accounts  and  all  vouchers  relating  to  the  same,  to  be 
credited  and  allowed. 

Ibid.  §  8.  8.  In  Case  of  Death,  Resignation  or  Removal.]  Upon  the  death,  res¬ 

ignation  or  removal  from  office  of  any  county  treasurer,  all  the  books  and  papers  belong¬ 
ing  to  his  office  shall  be  delivered  to  his  successor  in  office,  upon  his  oath,  or  in  case  of 
his  death,  upon  the  oath  of  his  executors  or  administrators.  In  case  such  treasurer  has 
left  the  county,  a  demand  may  be  made  of  any  one  having  charge  of  the  books  or  papers 
belonging  to  said  office,  who  shall  surrender  them  up,  and  on  oath,  if  required. 

Ibid.  §  9.  Failing  to  Turn  Over  Moneys  or  Papers.]  If  any  such  preceding 

county  treasurer,  or  in  case  of  his  death,  if  his  executors  or  administrators  shall  refuse  or 
neglect  to  deliver  such  books,  papers  and  moneys,  upon  oath,  when  lawfully  required  or 
demanded,  every  such  person  shall  forfeit  for  the  use  of  the  county,  the  sum  of  $1,000. 

Ibid.  §  10.  10.  Commissions  Allowed.  Consult  also  Ch.  98  §  72.]  The  county 

collectors,  or  treasurers  in  counties  adopting  township  organization,  shall  hereafter  be  al¬ 
lowed  in  their  settlement  with  the  auditor,  for  receiving  the  state  tax  from  the  town  col- 
lectors,  and  paying  the  same  into  the  state  treasury,  adjusting  the  accounts  of  said  town 
collectors,  and  correcting  delinquent  lists,  a  commission  of  two  per  cent.,  when  the  amount 
received  does  not  exceed  $10,000.,  and  one  per  cent,  on  all  sums  received  from  town  col¬ 
lectors  over  that  amount,  and  shall  be  allowed  one  per  cent,  for  receiving  the  county  and 
town  tax,  and  one  per  cent,  for  paying  out  the  same :  Provided ,  that  he  shall  not  be  al¬ 
lowed  any  commission  for  paying  over  to  a  successor. —  [See  also  610  §  203 ;  289  §  68. 

Ibid.  §  1 1.  II.  Treasurer  to  be  Prosecuted.]  Whenever  any  county  treasurer 
shall  fail  or  refuse  to  pay  over  the  county  revenue,  the  board  of  supervisors  shall  cause 
suit  to  be  prosecuted  on  his  bond  ;  and  the  auditor  shall  have  the  same  power  to  prose¬ 
cute  suit  against  the  county  treasurers  on  the  copy  of  their  bonds,  as  is  allowed  by  law  for 
prosecuting  suits  against  county  collectors. 

Ibid.  §  12.  1*2:.  Moneys  Recovered.]  All  moneys  recovered  in  any  such  action 

shall  be  paid  or  appropriated  for  the  uses  contemplated  or  directed  by  law. 


Repealed:  See  REVENUE  §  765  n.  18 


Township  Organization. 


Chap.  103d.  §§  1—7.  700 

Art.  XVI.  Assessment  of  Property —  Collection  of  Taxes. 


ART.  XVI.  ASSESSMENT  OF  PROPERTY  —  COLLECTION  OF 

TAXES. 


§  1.  Lands  Owned  by  Residents. 

§  2.  Lands  of  a  Non-Resident. 

§  3.  Assessment  of  Personal  Property. 

§  4.  Lands  and  Stock  of  Corporations. 
§  5.  Clerk  to  Prepare  Assessor's  Books. 
§  6.  List  of  Real  Estate. 

§  7.  Manner  of  Making  such  List. 

Book  for  Personal  Property. 

§  8.  Time  of  Making  Assessments. 

§  9.  Articles  Listed  Separately. 

§10.  Person  Assessed  as  Trustee. 

§11.  Notice  for  Corrections. 

§13.  Review  of  the  Assessments. 

§14.  Forms  and  Instructions. 


§  15.  Equalization  by  Supervisors. 

§16.  Unlawful  and  Improper  Assessments. 
§  17.  Collector  Stopped  by  Injunction. 

§18.  Mode  of  Re-Assessment. 

§19.  Returns  of  Re-Assessments. 

§  20.  Collection  of  such  Taxes. 

§21.  Return  and  Settlement  therefor. 

§  22.  Town  Collector  Failing  to  Pay  Over . 
§  24.  The  Satisfaction  Piece. 

§27.  Fees  and  Duties  of  County  Clerk. 

Piate  of  County  Taxes. 

§  28.  Effect  of  this  Article. 

§29.  Extending  District  Road  Tax. 

§31.  Same  to  be  Paid  Over. 


Laws  1861,  240.  20  Feb.  [1  Apr.]  §  1.  1.  Lands  Owned  by  a  Resident.]  Every 

person  shall  be  assessed  in  the  town  or  district  where  he  resides,  for  all  the  lands  then 
owned  by  him  within  such  town  or  district. 

Ibid.  §  2.  Lands  of  Non-Resident.]  Land  owned  by  a  person  residing  in  a 

town  or  district  where  the  same  is  situated,  but  occupied  by  another  person,  may  be 
assessed  in  the  name  of  the  owner  or  occupant,  at  the  election  of  the  assessor. 

Ibid.  §  3.  3.  Assessment  of  Personal  Property.]  Every  person  shall  be  assessed 

in  the  town  or  district  where  he  resides  when  the  assessment  is  made,  for  all  personal 
estate  owned  by  him,  including  all  such  personal  estate  in  his  possession  or  under  his  con¬ 
trol,  as  trustee,  guardian,  executor  or  administrator ;  and  in  no  case  shall  property  held 
under  either  of  these  trusts  be  assessed  against  any  other  person. 

Ibid.  §  4.  4.  Lands  and  Stock  of  Corporations.]  The  real  estate  of  all  incor¬ 

porated  companies  liable  to  taxation,  shall  be  assessed  in  the  town  or  district  in  which  the 
same  shall  lie  in  the  same  manner  as  the  real  estate  of  individuals.  All  the  capital  stock 
of  every  incorporated  company,  liable  to  taxation  shall  be  assessed  in  the  town  or  district 
where  the  principal  office  of  said  company  is  located  or  business  transacted.  In  the  case 
of  toll  bridges,  the  company  owning  such  bridge  shall  be  assessed  in  the  town  or  district 
in  which  the  tolls  are  collected.  In  the  case  of  a  stage  company,  the  horses  and  stages 
shall  be  taxed  in  the  town  or  district  where  they  are  usually  kept:  Provided ,  that  nothing 
in  this  section  or  act  contained,  shall  in  any  way  affect  the  manner  of  assessing  the  taxable 
property  belonging  to  any  railroad  company  or  companies  as  now  provided  or  prescribed 
by  the  assessment  or  revenue  laws  of  this  state. 

Ibid.  §  5.  «$.  Clerk  to  Prepare  Assessor’s  Books.]  It  shall  be  the  duty  of  the 

clerk  of  the  county^  court,  in  each  and  every  county  where  they  have  organized  into  town¬ 
ships,  to  procure  or  prepare,  in  conformity  with  the  instructions  with  which  he  may  from 
time  to  time  be  furnished  by  the  auditor  of  public  accounts,  blanks  or  books  properly  ruled 
and  with  suitable  headings  for  the  use  of  the  assessors  of  the  several  towns  or  districts  in 
his  county  ;  a  suitable  number  of  which  shall  always  be  ready  for  the  assessors  throughout 
the  county.  And  each  assessor  shall  call  for  the  same  on  or  before  the  first  day  of  May  in 
each  and  every  year.  The  expense  of  procuring  the  same  shall  be  audited  by  the  board 
of  supervisors,  and  paid  out  of  the  county  treasury.  He  shall  also  furnish  each  assessor 
with  a  list  of  all  taxable  lands  within  their  respective  towns  or  districts  as  have  not  been 
heretofore  furnished. 

Ibid.  §  6.  6.  List  of  Real  Estate.]  On  the  Saturday  succeeding  the  first  Tues¬ 

day  of  April,  1861,  and  every  year  thereafter,  the  clerk  of  the  county  court  shall  have, 
ready  to  be  delivered  to  the  assessor  of  each  town,  a  book  properly  ruled  and  headed  con¬ 
taining  a  list  of  the  real  estate  in  numerical  order,  with  such  blank  columns  as  may  he 
necessary  for  the  use  of  the  assessors. 

Ibid.  §  7.  7.  Manner  of  Making  such  List —  Book  for  Personal  Property.] 

The  clerk  in  making  out  said  list,  shall  take  as  his  guide,  the  assessment  list  or  collector’s 


Repealed:  See  REVENUE  §  7M  n.  IS. 


Township  Organization. 


Chap.  103d.  §§  8—16.  761 

Art.  XVI.  Assessment  of  Property  —  Collection  of  Taxes. 

book  of  the  previous  year  and  the  list  of  subsequent  conveyances:  Provided ,  that  the 
lists  of  lands  reported  in  the  annual  abstract  shall  be  furnished  to  the  assessors  of  the 
several  towns  in  which  said  lands  described  in  said  abstract  may  be  situated,  within  five 
days  from  and  after  such  abstract  is  received  from  the  auditor’s  office ;  and  at  the  same 
time,  the  clerk  shall  also  cause  to  be  delivered  to  the  assessors  aforesaid,  a  book  properly 
ruled  and  headed  for  the  abstract  of  the  assessment  of  personal  property. 

Ibid.  §  8.  §.  Time  of  Making  Assessments.]  Between  the  first  day  of  April  and 

July  in  each  year,  the  assessors  shall,  after  being  furnished  with  the  necessary  blanks, 
proceed  to  ascertain  by  diligent  inquiry,  the  names  of  all  the  taxable  inhabitants  in  their 
respective  towns  or  districts,  and  also  the  taxable  property,  real  or  personal  within  the 
same,  and  shall  proceed  to  take  a  list  of  taxable  property  in  his  town,  and  assess  the  value 
thereof,  in  the  manner  and  as  now  provided  by  law. 

Ibid.  §  9.  Articles  Listed  Separately.]  They  shall  set  down  in  separate  col¬ 

umns,  as  headed  for  each  article  of  taxable  property,  according  to  their  best  information 
and  judgment  in  accordance  with  the  revenue  laws  of  this  state.  • 

Ibid.  §  10.  10.  Person  Assessed  as  Trustee,  etc.]  When  a  person  is  assessed 

as  trustee,  guardian,  executor  or  administrator,  he  shall  be  assessed  as  such  with  the 
addition  of  his  name  to  his  representative  character. 

Ibid.  §11.  11.  Completion  of  Assessment.]  Every  assessor  shall  complete  the 

assessment  rolls  on  or  before  the  first  Monday  in  July,  as  row  provided  by  law,  and  shall 
forthwith  cause  notices  thereof  to  be  posted  up  in  three  or  more  of  the  most  public 
places  in  the  town,  ward  or  district. 

Ibid.  §  12.  15b  Notices  for  Correction.]  Such  notices  shall  set  forth  the  time 

and  place  where  he  will  meet  with  the  town  clerk  and  supervisor  of  the  town  to  correct 
the  roll  ;  which  time  of  meeting  shall  not  be  less  than  10  days  from  completing  the 
assessments,  nor  more  than  15  days  from  the  time  of  such  completion. 

Ibid.  §  13.  13.  Review  of  Assessments.]  The  assessor,  town  clerk  and  supervisor 

shall  attend  at  the  time  and  place  specified  in  the  notice,  and  on  the  application  of  any 
person  conceiving  himself  aggrieved,  they  shall  review  the  assessment;  and  when  the 
person  so  objecting  thereto  shall  make  an  affidavit  that  the  value  of  his  personal  estate 
does  not  exceed  a  certain  sum  specified  in  such  affidavit,  the  assessor  shall  reduce  the 
assessment  to  the  sum  specified  in  such  affidavit ;  and  if  he  or  any  other  one  objects 
to  the  valuation  put  upon  any  of  their  real  estate,  the  board  shall  hear  the  objections, 
and  may  reduce  the  same,  if  a  majority  of  the  board  think  it  advisable,  and  in  such 
case  the  assessor  shad  correct  his  list. 

Ibid.  §  14.  1-4.  Forms  and  Instructions.]  The  assessors,  in  the  execution  of  their 

duties,  shall  use  the  forms  and  preserve  the  instructions  which  shall  from  time  to  time  be 
transmitted  to  them  by  the  auditor  of  public  accounts  or  furnished  them  by  the  county 
clerks. 

Ibid.  §  15.  15.  Equalization  by  Supervisors.]  The  board  of  supervisors  of  each 

county  in  this  state,  at  their  annual  meeting,  shall  examine  the  assessment  rolls  of  the 
several  towns  in  their  county,  for  the  purpose  of  ascertaining  whether  the  valuations  in  one 
town  or  district  bear  just  relation  to  all  the  towns  and  districts  in  the  county  ;  and 
they  may  increase  or  diminish  the  aggregate  valuation  of  real  estate,  in  any  town  or  dis¬ 
trict,  by  adding  or  deducting  such  sum  upon  the  hundred  dollars  as  may,  in  their 
opinion,  be  necessary  to  produce  a  just  relation  between  all  the  valuations  of  real  estate 
in  the  county;  but  they  shall,  in  no  instance,  reduce  the  aggregate  valuation  of  all  the 
towns  and  districts  below  the  aggregate  valuation  thereof,  as  made  by  the  assessor.  They 
may  make  such  alterations  in  the  descriptions  of  the  lands  of  non-residents  as  they  shall 
deem  necessary;  and  they  shall  assess  the  value  of  all  such  lands  as  have  been  omitted 
by  the  assessor  and  listed  by  the  clerk,  and  cause  the  same  to  be  placed  opposite  the 
description  of  said  lands,  in  a  column  prepared  for  that  purpose;  and  for  such  service  the 
clerk  shall  be  allowed  one  cent  for  each  tract  or  description  so  equalized.  —  [Consult  The 
State  v.  Allen,  43  Ill. 

Ibid.  §  16.  1©.  Unlawful  and  Improper  Assessments.]  Said  board  of  supervis¬ 

ors  shall  have  power,  and  it  is  hereby  made  their  duty,  in  case  the  assessment  roll  of  any 
town  or  towns  shall,  by  affidavit  or  otherwise,  be  made  to  appear  to  the  satisfaction  of  said 
board,  or  a  majority  of  them,  to  have  been  unlawfully,  partially  or  improperly  made,  and 
I  that  such  assessment  is  grossly  wrong  and  partial,  to  amend  such  assessment,  or  declare 


Repealed:  See  REVENUE  §  765  n.  18. 


Chap.  103d.  §§  17 — 22.  762  Township  Organization. 

Art.  XVI.  Assessment  of  Property —  Collection  of  Taxes. 

the  same  null  and  void  ;  and  said  board  shall  have  power  to  appoint  some  suitable  person 
or  persons,  who  shall  be  residents  of  such  towns,  to  proceed  to  make  a  new  assessment  of 
Droperty  therein,  and  make  return  thereof  to  the  board  of  supervisors,  on  or  before  a  day 
to  be  fixed  and  specified  by  said  board. 

Ibid.  §  17.  17.  Collector  Estopped  by  Injunction.]  In  case  the  collector  of 

any  town  shall  have  been,  or  may  hereafter  be  estopped,  by  injunction  or  the  decision  of 
any  court,  from  the  collection  of  the  taxes,  in  consequence  of  the  assessment  of  the  prop¬ 
erty  in  said  town  being  wrongfully  or  illegally  assessed,  it  shall  be  the  duty  of  the  board 
of  supervisors  of  the  county  in  which  any  such  town  is  located  to  hold  a  meeting  as  soon 
after  they  shall  have  notice  of  such  injunction  being  granted  or  decision  rendered  as 
practicable,  and  they  shall  inquire  into  the  facts  in  the  case  ;  and  if  a  majority  of  the 
board  are  of  the  opinion  that  any  such  assessment  was  wrongfully  or  illegally  made,  they 
are  hereby  authorized  and  empowered,  and  it  shall  be  their  duty  to  appoint  one  or  more 
persons,  residents  of  said  town,  to  re-assess  the  property  therein. 

Ibid.  §  18.  18.  Manner  of  Making  Re-Assessment.]  The  person  or  persons  so 

appointed  shall  make  and  subscribe  the  oath,  and  be  governed  in  all  things  pertaining  to 
said  assessment  in  like  manner  as  town  assessors,  and  shall  proceed,  without  delay,  to 
make  such  re-assessment.  Such  person  or  persons  shall  attend  at  the  office  of  the 
town  clerk  of  said  town  for  the  purpose  of  reviewing  the  lists  or  rolls  of  said  assess¬ 
ment.  And  said  assessment  rolls  or  lists  shall  be  examined  and  corrected, in  like  manner 

and  bv  the  same  officers  that  would  be  authorized  to  review  and  correct  it  if  it  had  been 
%/ 

a  regular  assessment,  except  that  the  person  or  persons  making  the  assessment  shall  act, 
instead  of  the  regular  assessor  :  Provided ,  that  the  person  or  persons  making  such  assess¬ 
ment  shall  first  give  at  East  10  days’  notice  of  the  time  and  place  of  reviewing  the  assess¬ 
ment  ;  which  notice  shall  be  once  published  in  some  newspaper  published  in  said  county, 
if  there  be  any  paper  published  therein  ;  and  said  notice  shall  be  posted  up  in  three  or 
more  of  the  most  public  places  in  such  town. 

lb>d.  §  19.  10.  Returns  of  Re-Assessment.]  The  person  or  persons  making  the 

assessment  aforesaid,  shall  make  return  thereof  to  the  county  clerk,  in  manner  and  form 
as  is  or  may  be  prescribed  by  law  for  making  returns  of  assessment,  and  be  allowed  such 
reasonable  compensation  therefor  as  the  board  of  supervisors  shall  determine  and  allow  ; 
which  compensation  shall  be  paid  in  like  manner  as  the  compensation  of  town  assessors 
is  paid.  Upon  the  return  of  the  assessment  rolls  aforesaid,  the  county  clerk  shall  cause 
the  proper  list  of  the  property  assessed,  with  the  taxes  extended  thereon,  to  be  made,  for 
the  use  of  the  town  collector.  Said  lists  shall  be  made  out  and  delivered  to  the  collector 
authorized  to  collect  the  taxes  due  thereon,  as  soon  after  the  assessment  rolls  or  lists  are 
received  by  the  clerk  as  practicable. 

Laws  1861,  244.  20  Feb.  [I  Apr.]  §  20.  Collection  of  Such  Taxes.]  The 

board  of  supervisors  shall  have  power,  and  they  are  hereby  fully  authorized  to  appoint 
some  suitable  person  to  collect  the  taxes  due  on  the  lists  made  out,  as  aforesaid,  if  in  their 
opinion  it  is  expedient  to  do  so.  And  the  person  so  appointed  shall  execute  a  bond  and 
qualify,  in  like  manner,  and  shall  receive  like  compensation,  and  shall  be  subject  to  like 
penalties  as  town  collectors  are  subject  to.  Any  person  appointed  and  qualified,  as  pro¬ 
vided  for  in  this  section,  shall  have  full  power  and  authority  to  collect  the  taxes  charged 
in  the  tax  list ;  and  for  that  purpose  he  may  levy  on  and  make  sale  of  goods  and  chattels, 
and  do  all  and  everything  necessary  to  be  done  in  the  premises,  in  like  manner  as  town 
collectors  are  authorized  to  do  by  the  general  laws  relative  to  the  collection  of  the 
revenue. 

Ibid.  §  21.  SI.  Return  and  Settlement  Therefor.]  The  board  of  supervisors 
shall  fix  the  time  at  which  such  collector  shall  make  return  and  settlement  for  the  taxes 
collected  by  him  :  Provided ,  that  such  time  shall  in  no  case  exceed  60  days  from  the  time 
the  tax  list  is  delivered  to  said  collector;  and  the  county  collector  is  hereby  authorized 
and  required  to  collect  the  taxes  due  on  any  assessment  made  under  the  provisions  of  this 
act  on  non-resident  property,  by  sale  or  otherwise,  in  like  manner  as  he  is  authorized  to  do 
in  cases  of  regular  assessments. 

Ibid.  §  22.  Town  Collector  Failing  to  Pay  Over.]  In  all  cases  where 

the  collector  of  any  town  shall  not  have  paid  over  to  the  county  collector  the  state  revenue 
prior  to  the  time  such  county  collector  is  required  to  pay  said  revenue  into  the  state  treas¬ 
ury,  the  county  collector  shall  pay  over  the  state  revenue  collected  in  said  town  within  30 

davs  after  the  time  of  settlement  with  the  town  collectors. 

* 


Repealed:  See  REVENUE  §  T65 


Chap.  103d.  Art.  17. 


763 


Township  Organization. 


Art.  XVII.  Roads,  Highways  and  Bridges. 


x 

ri 

S 


Ibid.  §  23.  S3.  Double  Payment  op  Taxes.]  When  two  or  more  persons  shall 

be  claimants  of  any  lands  the  town  collector  shall  be  authorized  to  receive  payment  of 
taxes  from  each  claimant  of  such  land  and  give  receipt  for  the  same  ;  and  said  collector 
shall  report  to  the  clerk  of  the  county  court  such  double  tax,  to  be  by  him  disposed  of  as 
is  now  required  by  law ;  which  receipt  shall  be  evidence  in  all  courts,  where  the  same  shall 
come  in  question,  of  the  payment  of  taxes  on  the  land  therein  described  for  the  year  or 
years  therein  mentioned. 

Ibid.  §  24.  34.  Satisfaction  Piece.]  Upon  the  settlement  of  the  amount  of  taxes 

directed  to  be  collected  by  any  collector  in  any  of  the  towns  or  cities  in  this  state,  the 
county  treasurer  shall,  if  requested,  give  to  such  collector,  or  any  of  his  sureties,  a  satis¬ 
faction  piece,  in  writing,  and  shall  acknowledge  the  same  before  some  person  authorized 
to  take  acknowledgments  of  deeds. 

Ibid.  §  25.  3«5.]  Upon  the  production  of  such  satisfaction  piece,  acknowledged  as 

aforesaid,  the  recorder  of  the  county  shall  enter  satisfaction  of  record  of  the  collector’s 
bond  ;  which  shall  operate,  prima  facie,  as  a  discharge  of  the  sureties  only. 

Ibid.  §  2G.  3©.]  The  officer  taking  and  returning  such  acknowledgment  shall  be  en¬ 

titled  to  the  same  fees  as  for  taking  and  entering  acknowledgments  of  satisfaction  of  a 
deed  or  mortgage. 

Ibid.  §  27.  37.  Fees  of  County  Clerks  —  Their  Duties.]  The  clerks  of  the 

county  courts  shall  hereafter  be  allowed  the  same  fees  for  making  transcripts  of  each  tax 
able  town  lot  for  the  use  of  the  assessor  ;  for  copying  the  same,  and  computing  and  ex 
tending  the  taxes  thereon  ;  for  making  record  of  each  town  lot  for  judgment;  for  making 
transcript  of  judgment  for  sale,  and  for  assisting  the  collector  in  selling  the  same,  as  are 
now  allowed  by  law  for  like  services  on  each  tract  of  land. 

County  Taxes.  Consult  also  Ch.  89  §§  92  and  179.]  The  board  of  supervisors  of 
each  county  shall  have  power  to  levy,  for  county  purposes,  a  tax  of  not  exceeding  five 
mills  on  each  dollar’s  worth  of  taxable  property,  instead  of  not  exceeding  four  mills,  as 
now  provided  by  law. 

Ibid.  §  28.  38.  Effect  of  this  Article.]  Nothing  in  this  article  shall  be  con¬ 

strued  as  affecting  the  provisions  of  any  law  now  in  force  concerning  the  assessment  of 
property  and  collection  of  taxes,  when  the  same  is  not  in  conflict  with  the  provisions 
herein  ;  but  where  the  same  shall  be  in  conflict  with  any  of  the  provisions  of  this  act,  in 
that  case  the  provisions  herein  shall  govern. 

Laws  1867,  96.  27  Feb.  §  1.  3fK  Extending  District  Road  Tax.]  In  all  coun¬ 
ties  acting  under  township  organization,  the  county  clerk,  in  extending  district  road  tax 
upon  the  tax  books,  shall  designate  to  what  district  said  tax  belongs. 

Ibid.  §  2.  30.  Abstract  of  District  Road  Tax.]  It  shall  be  the  duty  of  county 

and  township  collectors  to  make  out  an  abstract  of  the  amount  of  district  road  tax  due  to 
each  district  of  the  respective  townships,  and  deliver  the  same  to  the  treasurer  of  the 
commissioners  of  highways. 

Ibid.  §  3.  31.  Such  Tax  Paid  Over.]  The  commissioners  of  highways  shall  pay 

over  the  district  road  tax  according  to  the  abstracts  as  furnished  above,  to  the  various 
overseers  of  roads  in  their  respective  towns,  to  be  applied  on  the  roads  of  said  dis¬ 
trict. 


ART.  XVII.  ROADS,  HIGHWAYS  AND  BRIDGES. 


§  1.  Commissioners  of  Highways. 

§  2.  Their  Treasurer  —  His  Duties. 

§  3.  Their  Annual  Account. 

§  4.  Guide  Boards  to  be  Put  up. 

§  5.  Of  Plows  and  Scrapers. 

§  6.  Meetings  of  the  Commissioners. 

§  7.  Hghway  Labor  and  Road  Tax. 

§  8.  Who  shall  perform  Road  Labor. 
Assessment  of  Road  Tax. 

List  of  Highway  Labor  and  Tax. 
Power  of  (he  Voters. 

|  9.  Copies  of  Lists  given  Overseers. 


§10.  Names  Omitted —  New  Names. 
§11.  Work  on  Private  Roads. 

§  1  2.  Notice  given  of  Road  Tax. 

§  1 3.  Neglect  of  Duty  —  Penalty. 

§14.  Building  Expensive  Bridge. 

§15.  Petition  for  Building  or  Repairing, 
§16.  Crossing  Faster  than  a  Walk. 

§17.  The  Penalty  Therefor. 

§  1 8.  Injury  to  a  Bridge. 

§19.  Bridge  on  a  Town  Line. 

§  23.  Crossing  under  Highway. 


Chap.  103d.  S  1. 


764  Township  Organization. 


Art.  XVII.  Roads,  Highways  and  Bridges. 


§  24.  Of  Overseers  of  Highways. 

§  25.  A ppointment  of  Overseer. 

§  27.  Neglecting  or  Refusing  Duties. 

§  28.  Notice  for  Highway  Labor. 

§  29.  Labor  Commuted  in  Money. 

§  30.  Payment  of  Commutation. 

§  31.  Team  May  be  Required. 

§  32.  Labor  by  a  Substitute. 

§  33.  Punishment  for  Idleness. 

§  34.  The  Penalties  Imposed. 

§  35.  Complaint  for  the  Penalty. 

§  36.  Summons  for  Delinquent. 

§37.  The  Fine —  Collection  Thereof. 

§  38.  Disposition  of  the  Fine. 

§  39.  Penalty  set  off  against  Assessment. 
§  40.  Acceptance  of  an  Excuse. 

§41.  Per  Diem  of  the  Overseers. 

§  42.  Tax  Collected  in  Labor  or  Money. 
§43.  Payment  to  be  Noted. 

§44.  Delinquent  Tax  Reported. 

§  45.  Failing  to  Make  Report. 

§46.  Duty  of  Supervisors. 

§  48.  Time  of  Performing  Road  Labor. 
§49.  Overseer’s  Annual  Report. 

§  50.  Of  Moneys  Unexpended. 

§51.  Overseer  Neglecting  to  Account. 
§52.  Materials  for  Bridge ,  etc. 

§  53.  Ditch  or  Drain  for  Road. 

§  54.  Altering  or  Discontinuing  Road. 
§55.  Petition  to  be  Posted. 

§  56.  Examination  by  Commissioners. 
§57.  Reasons  for  and  Against. 

§  58.  Of  Surveys  and  Plats. 

§59.  Same  by  County  Surveyor. 

§  62.  Damages  for  Opening  Road. 

§63.  Order  to  be  Filed. 

§  64.  Road  Vacated  or  Relocated. 

§  65.  Viewers  Examine  and  Report. 


§  66.  Notice  of  Petition  for  Vacation ,  etc. 

§  6  7.  The  Compensation  —  Deposit  Required. 
§  68.  Width  to  be  Four  Rods. 

§  69.  Public  Roads — Altering  State  Roads. 

§  70.  Road  Five  Years  Traveled. 

§  71.  Re-Survey  of  Road. 

§  72.  Manner  of  Mqjcing  Re-Survey. 

Report  and  Record  Thereof. 

§  73.  Effect  of  the  Order. 

§  .74.  Appeals  in  Road  Cases. 

§  lb.  To  be  in  Writing  —  Reasons  Stated. 

§  76.  Addressed  to  the  Town  Clerk 
§  77.  Suit  on  the  Bond. 

§  78.  Three  Supervisors  Selected. 

§  79.  Tune  of  Hearing  to  be  Fixed. 

§  80.  Notice  by  Party  Appealing . 

§  81.  Proceedings  Before  Three  Supervisors. 

§  82.  Appeals — Alteration  or  Discontinuance. 
§  83.  Powers  of  the  Supervisors. 

§  84.  Appeal — -  Road  on  Town  Line. 

§  85.  One  Supervisor  Failing  to  Attend. 

§  86.  The  Fees  Allowed. 

§  87.  Decision  Final  fora  Year. 

§  88.  Damages  Filed  and  Returned. 

§  89.  Petition  to  the  Supervisors. 

§  90.  Roads  on  County  and  Town  Lines. 

§  91.  Roads  on  Town  Lines. 

§  92.  Working  such  Roads. 

§  95.  Road  on  State  Line. 

§  96.  Notice  for  Opening  Road. 

§  97.  After  Appeal  is  Decided. 

§  98.  Opening  Within  Five  Years. 

§  99.  Of  Private  Roads. 

§  100.  Width  of  Private  Road. 

§  101.  Injuries  and  Obstructions. 

§  102.  Injuring  Bridge  or  Guide  Board. 

§  103.  Actions  for  Penalties. 

§  104.  Who  may  bring  Suit. 


Laivs  1861,  246.  20  Feb.  [1  Apr.]  §  1.  1.  Commissioners  of  Highways  —  Theik 

Duties.]  The  commissioners  of  highways  in  the  several  towns  in  this  state  shall  have  the 
care  and  superintendence  of  highways  and  bridges  therein,  and  it  shall  be  their  duty: 

1.  To  give  directions  for  the  repairing  of  roads  and  bridges  in  their  respective  towns, 
and  to  cause  the  building  of  bridges,  when  the  public  interests  or  necessity  require  it. 

2.  To  lay  out  and  establish  roads,  to  regulate  the  roads  already  laid  out,  and  to  alter 
or  vacate  such  roads,  as  they,  or  a  majority  of  them,  shall  deem  proper,  as  hereinafter  pro¬ 
vided. 

3.  To  cause  such  roads  used  as  highways  as  have  been  laid  out,  but  not  sufficiently  de¬ 
scribed,  and  such  as  have  been  used  for  20  years,  but  not  recorded,  to  be  ascertained, 
described  and  entered  of  record  in  the  town  clerk’s  office. 

4.  To  cause  the  highways  and  bridges  which  are  or  may  be  erected  over  streams  inter¬ 
secting  highways,  to  be  kept  in  repair. 

5.  To  divide  their  respective  towns  into  so  many  road  districts  as  they  shall  deem  con¬ 
venient,  by  writing,  under  their  hands,  to  be  lodged  with  the  town  clerk,  and  by  him  to 
be  entered  in  the  town  book.  Su-ch  division  to  be  made  annually,  if  they  shall  think 
it  necessary;  and  in  all  cases  to  be  made  at  least  10  days  before  the  annual  town 
meeting. 

6.  To  assigns  to  each  of  the  said  road  districts  such  of  the  inhabitants  liable  to  work  on 
highways  as  they  shall  think  proper,  having  regard  to  proximity  of  residence  as  much  as 
shall  be  ;  and, 

7.  To  require  the  overseers  of  highways,  from  time  to  time,  and  as  often  as  they  shall 
deem  necessary,  to  warn  all  persons  to  work  on  highways  to  come  and  work  thereon,  with  * 


Township  Organization 


Chap.  103d.  §§  2—8.  765 

Art.  XVII.  Roads,  Highways  and  Bridges. 

such  implements,  carriages,  sleds,  cattle  or  teams  as  the  said  commissioners,  or  any  of 
them,  direct. 

Ibid.  §  2.  *5.  Their  Treasurer  —  His  Duties.]  At  the  first  meeting  of  the  com¬ 

missioners  of  highways,  after  they  shall  have  been  duly  elected  and  qualified,  they  shall 
proceed  to  choose  one  of  their  number  treasurer.  The  treasurer  so  chosen  shall  receive 
and  have  charge  of  all  moneys  raised  in  the  town  for  the  support  and  maintenance  of 
roads  and  bridges.  He  shall  hold  such  moneys,  at  all  times,  subject  to  the  order  of  the 
commissioners  of  highways,  and  shall  pay  them  over  upon  their  order,  or  a  majority  of 
said  commissioners,  and  not  otherwise.  He  shall  execute  bond,  with  good  and  sufficient 
security,  in  such  manner  as  the  supervisor  and  town  clerk  shall  determine,  conditioned 
for  the  faithful  discharge  of  his  duties  as  such  treasurer,  and  that  he  will  honestly  and 
faithfully  account  for  and  pay  over,  upon  the  order  of  the  commissioners  of  highways,  all 
moneys  that  shall  come  to  his  hands  by  virtue  of  his  said  office  ;  which  bond  shall  be 
payable  to  the  supervisor  of  the  town  and  his  successor  in  office,  and  be  approved  by  the 
supervisor  and  town  clerk,  and  filed  in  the  town  clerk’s  office. 

Ibid.  §  3.  3.  Their  Annual  Account.]  The  commissioners  of  highways  of  each 

town  shall  render  to  the  board  of  town  auditors,  at  their  annual  meeting  for  auditing  the 
accounts  of  town  officers,  an  account  in  writing,  stating  : 

1.  The  labor  assessed  and  performed  in  such  towns, 

2.  The  sums  received  by  such  commissioners  for  fines  and  commutations,  and  all  other 
moneys  received  under  this  act. 

3.  A  statement  of  the  improvements  necessary  to  be  made  on  such  roads  and  bridges, 
and  an  estimate  of  the  probable  expense  of  making  such  improvement,  beyond  what  the 
labor  to  be  assessed  in  that  year  and  the  road  tax  will  accomplish. 

4.  Also,  a  statement,  in  writing,  of  all  expenses  and  damages  in  consequence  of  laying 
out,  altering-  or  discontinuing  roads. 

'  O  ' — j  * 

5.  Also,  a  statement  of  the  amount  received  from  the  collector  of  the  town,  or  from  any 
other  source,  up  to  the  time  of  such  statement,  and  the  manner  in  which  the  same,  if  any 
sum,  has  been  paid  out  and  expended,  to  whom,  and  on  what  account. 

Ibid.  §  4.  4.  Guide  Boards.]  It  shall  be  the  duty  of  the  commissioners  of  high¬ 

ways  of  each  town  to  cause  suitable  guide  boards  to  be  put  up  at  such  places  as  they  may 
deem  necessary. 

Ibid.  §  5.  Scraper  and  Plow.]  The  commissioners  of  highways,  whenever  they 

shall  think  it  necessary,  may  direct  and  empower  any  overseer  of  highways,  in  their  re¬ 
spective  towms,  to  procure  a  good  and  sufficient  iron  or  steel-shod  scraper  and  plow,  or 
either  of  them,  for  the  uses  of  his  road  district,  to  be  paid  for  by  moneys  arising  from 
commutation  and  fine  within  the  district. 

Ibid.  §  6.  6.  Meetings  of  the  Commissioners.]  The  commissioners  of  highways 

of  each  town  shall  meet,  within  18  days  after  they  shall  be  chosen,  at  the  town  clerk’s 
office,  on  such  day  as  they  shall  agree  upon,  and  afterwards  at  such  other  times  and  places 
as  they  shall  think  proper. 

Ibid.  §  7.  7.  Highway  Labor  and  Road  Tax.]  The  town  clerk  shall  deliver  the 

lists  filed  by  the  overseers  to  the  commissioners  of  highways  of  the  town,  who  shalf  pro¬ 
ceed  to  ascertain,  estimate  and  assess  the  highway  labor  and  road  tax  to  be  performed 
and  paid  in  their  town  the  next  ensuing  year. 

Laws  1861,  247.  20  Feb.  [1  Apr.~]  §  8.  8.  Who  shall  Perform  Highway  Labor.] 

1.  Every  male  inhabitant,  being  above  the  age  of  21  years  and  under  the  age  of  50,  (except¬ 
ing  paupers,  idiots,  lunatics,  and  such  others  as  are  exempt  by  law,)  shall  be  assessed  not 
less  than  one  nor  more  than  two  days  in  each  and  every  year. 

Laws  1867,  171.  28  Feb.  [29  Apr.~\  §  8.  Assessment  of  Road  Tax.]  2.  The 
commissioners  of  highways  shall  assess  a  road  tax  on  all  real  estate  and  personal  property 
liable  to  taxation  of  the  town,  to  any  amount  they  may  deem  necessary,  not  exceeding  40 
cents  on  each  $100.  worth,  as  valued  on  the  assessment  roll  of  the  previous  year.  . 

Laws  1861,  248.  20  Feb.  [1  Apr.~\  §  8.  Lists  of  Highway  Labor  and  Road  Tax.] 
3.  They  shall  affix  to  the  name  of  each  person  named  in  the  lists,  so  furnished  by  the 
overseers,  the  number  of  days  assessed  to  each  person  for  highway  labor,  personal  prop¬ 
erty,  and  also  a  description  of  each  tract  of  land,  and  the  name  of  the  owner,  if  known, 
with  the  valuation  thereof,  as  taken  from  the  assessment  roll  of  the  previous  year,  and  the 
amount  of  road  tax  assessed  thereon  in  a  separate  column.  The  lists  so  prepared  shall 


Township  Organization. 


Chap.  103d.  §§  9—15.  -766 

Art.  XVII.  Roads,  Highways  and  Bridges. 

_ “  v  D 

be  subscribed  by  the  commissioners  and  deposited  with  the  town  clerk,  to  be  filed  in  his 
office. 

Laws  1869,  406.  11  Mar.  §  1.  Power  of  the  Voters.]  The  legal  voters  of  any 
township  in  the  state,  in  counties,  where  township  organization  has  been  or  may  hereafter 
be  adopted,  may,  by  a  majority  vote  at  their  annual  town  meeting,  provide  that  thereafter 
the  road  tax  assessed  by  the  commissioners  of  highways,  under  the  provisions  of  §  8  *  * 
[above,]  to  be  collected  in  money  only,  to  be  expended  by  the  commissioners  of  highways 
in  such  townships,  on  roads  within  their  jurisdiction,  by  such  agents  or  officers  as  they 
shall  direct. 

Laws  1861,  248.  20  Feb.  [1  Apr.]  §  9.  9.  Copies  of  Lists  Given  to  Overseers.] 

The  commissioners  shall  direct  the  clerk  of  the  town  to  make  a  copy  of  each  list,  and 
shall  subscribe  such  copies,  after  which  they  shall  cause  the  several  copies  to  be  delivered 
to  the  respective  overseers  of  highways  of  the  several  districts  in  which  the  highway 
labor  is  assessed  ;  one  copy  for  each  overseer  shall  contain  the  name  and  number  of  days 
assessed  to  each  person,  the  other  the  real  and  personal  property  road  tax. 

Ibid.  §  10.  10.  Names  Omitted  —  New  Names.]  The  names  of  persons  left  out 

of  any  such  list,  and  of  new  inhabitants,  shall,  from  time  to  time,  be  added  to  the  several 
lists,  and  they  shall  be  rated  by  the  overseers  in  the  same  proportion  to  work  on  the  high¬ 
ways  as  others  rated  by  the  commissioners  on  such  list,  subject  to  an  appeal  to  the  com¬ 
missioners. 

Ibid.  §  11.  11.  Work  on  Private  Roads.]  It  shall  be  the  duty  of  commissioners 

of  highways  of  each  town  to  credit  such  persons  as  live  on  private  roads  and  work  the 
same,  so  much,  on  account  of  their  assessment,  as  such  commissioners  shall  deem  necessary 
to  work  such  private  road,  or  to  annex  such  private  road  to  some  of  the  highway  districts. 

Ibid.  §  12.  Notice  of  the  Assessment  of  Road  Tax.]  The  town  clerk  shall, 

within  10  days  after  the  commissioners  of  highways  have  filed  in  his  office  the  amount  of 
road  tax  assessed  on  the  real  and  personal  estate  of  the  towns,  post  a  notice  on  the  outer 
door  of  the  house  where  the  town  meeting  was  last  held,  stating  the  amount  of  road  tax 
assessed  on  each  $100.  worth  of  the  real  and  personal  estate  of  the  town,  and  that  all 
persons  interested  can  pay  the  same  in  labor  on  the  highways,  under  the  direction  of  the 
overseer  of  highways,  in  the  district  wThere  the  land  or  personal  property  is  situated.  — 
[Extension  of  the  road  tax;  Art.  16  §§  29 — 31. 

Ibid.  §  13.  13.  Neglect  of  Duty —  Failure  to  Perform.]  If  the  commissioners 

of  highways  shall  refuse  or  neglect  to  perform  any  of  the  duties  enjoined  on  them  by  this 
act,  they  shall  severally  forfeit,  to  the  town,  not  less  than  $5.  nor  more  than  $50.,  and  may 
be  proceeded  against*  severally,  for  the  recovery  of  said  forfeiture. 

Ibid.  §  14.  14r.  Building  Expensive  Bridge.]  Whenever  it  shall  be  necessary,  in 

any  town,  to  build  a  bridge,  the  cost  of  which  shall  be  more  than  can  be  raised  by  ordi¬ 
nary  road  taxes,  the  commissioners  of  highways  shall  lay  before  the  town  auditors  of  such 
town  a  statement  of  the  amount  of  money  necessary  for  the  construction  thereof,  and  said 
board  of  auditors  shall  certify  the  same  to  the  board  of  supervisors  of  the  county  in  which 
such  town  is  situated.  The  amount  so  certified  shall,  by  said  board  of  supervisors,  be 
levied  on  the  taxable  property  of  such  town  and  collected  by  the  collector  'thereof,  in  the 
same  manner  as  other  taxes  are  levied  and  collected. 

Laws  1867,  173.  8  Mar.  [29  Apr.]  §  4.  15.  Petition  for  Building  or  Repairing 

a  Bridge.]  Whenever  25  voters  of  any  county  shall  represent,  by  petition,  to  the  board 
of  supervisors,  that  a  bridge  or  bridges,  road  or  roads,  in  any  town  in  said  county  need  to 
be  constructed  or  repaired,  and  have  been  improperly  neglected  by  such  town,  the  board 
of  supervisors,  if,  on  inquiry,  are  satisfied  that  such  town  is  of  sufficient  ability  to  build  or 
repair  such  bridge  or  bridges,  road  or  roads,  they  shall,  by  resolution,  direct  such  town  to 
construct  or  repair  such  bridge  or  bridges,  road  or  roads,  or  such  part  thereof  as  they 
may  deem  just  and  reasonable,  and  specify  such  time  for  compliance  with  the  resolutions 
of  the  board  as  may  be  deemed  necessary,  and  cause  a  copy  of  said  resolution  to  be  served 
on  the  commissioners  of  highways  of  said  town  ;  and  said  commissioners  of  highways  are 
authorized  and  required  to  build  or  repair  such  bridge  or  bridges,  road  or  roads,  as  directed 
in  the  resolution  of  the  board  of  supervisors,  at  the  expense  of  said  town  ;  and  if  said 
town  shall  fail  or  refuse  to  build  or  repair  such  bridge  or  bridges,  road  or  roads,  as  required 
by  the  board  of  supervisors,  said  board  shall  authorize  some  person  to  make  the  improve 


Repealed : 


Township  Organization. 


Chap.  103d.  §  16—25.  767 

Art.  XVII.  Roads,  Highways  and  Bridges. 

ment,  and  extend  the  amount  of  the  cost  thereof  on  the  tax  list  of  such  town,  and  have 
the  same  collected  as  other  town  taxes,  and  applied  to  pay  for  such  improvement. 

Laws  1861,  249.  20  Feb.  [1  Apr.]  §  15.  145.  Notice  —  Crossing  Faster  than  a 

Walk.]  The  commissioners  of  highways  of  each  town  may,  when  they  shall  deem  it  ad¬ 
visable,  put  up  and  maintain,  in  conspicuous  places,  at  each  end  of  any  bridge  in  such 
town,  maintained  at  the  public  charge,  a  notice  with  the  following  words,  in  large  charac 
ters  :  “  Five  dollars  fine  for  riding  or  driving  on  this  bridge,  faster  than  a  walk.” 

Ibid.  §  16.  17.  Penalty  Therefor.]  Whoever  shall  ride  or  drive,  faster  than  a 

walk,  over  any  bridge,  upon  which  such  notices  shall  have  been  placed  and  shall  then  be, 
shall  forfeit  to  the  town,  for  every  such  offense,  the  sum  of  $5. 

Ibid.  §  17.  18.  Injury  to  Bridge.]  Whoever  shall  purposely  injure  any  bridge  or 

causeway,  maintained  at  the  public  charge,  shall,  for  every  offense,  forfeit  to  the  town 
treble  damages. 

^ ^  ^ 

Ibid.  §  18.  IS.  Bridge  on  Town  Line.]  Whenever  any  adjoining  town  shall  be 
liable  to  make  or  maintain  any  bridge  or  bridges  over  any  stream  dividing  such  towns,  or 
on  the  line  dividing  such  towns,  such  bridge  or  bridges  shall  be  built  and  repaired  at  the 
equal  expense  of  said  towns,  without  reference  to  the  town  lines. 

Ibid.  §  19.  2#.]  For  the  purpose  of  building  or  keeping  in  repair  such  bridge  or 

bridges,  it  shall  be  lawful  for  the  commissioners  of  highways  of  said  adjoining  towns  to 
enter  into  joint  contract ;  and  such  contracts  may  be  enforced,  in  law  or  equity,  against 
such  commissioners,  jointly,  the  same  as  if  entered  into  by  individuals  and  said  commis¬ 
sioners  may  be  proceeded  against,  jointly,  for  any  neglect  of  duty  in  reference  to  such 
bridge  or  bridges. 

Ibid.  §  20.  21.]  If  the  commissioners  of  highways  of  either  of  such  towns,  after 

reasonable  notice,  in  writing,  from  the  commissioners  of  highways  of  any  other  of  such 
towns,  shall  neglect  or  refuse  to  rebuild  or  repair  any  such  bridge  or  bridges,  it  shall  be 
lawful  for  the  commissioners  so  giving  notice  to  make  or  repair  the  same,  and  then  to  main¬ 
tain  a  suit,  in  their  official  capacity,  against  said  commissioners  so  neglecting  or  refusing  to 
join  in  such  making  or  repairing;  and  in  such  suit  the  plaintiff  shall  be  entitled  to  recover 
one-half  of  the  expenses  of  such  building  or  repairing,  with  costs  of  suit  and  interest. 

Ibid.  §  21.  22.]  Any  judgment  recorded  against  the  commissioners  of  highways,  in 

their  official  capacity,  under  the  provisions  hereof,  shall  be  a  charge  on  said  town,  and 
collected  in  the  same  manner  as  other  town  charges,  except  in  cases  when  the  court, 
before  which  the  judgment  shall  be  recorded,  shall  certify  that  the  neglect  or  refusal  of 
said  commissioners  was  wilful  or  malicious;  in  which  case  said  commissioners  shall  be 
personally  liable  for  such  judgment,  and  the  same  may  be  enforced  against  them  in  the 
same  manner  as  against  individuals. 

Ibid.  §  22.  23.  Crossing  Under  Highway.]  Any  persons  owning  lands  on  both 

sides  of  any  public  highway  shall  be  entitled  to  the  privilege  of  making  a  crossing  under 
said  highway,  for  the  purpose  of  letting  his  or  her  cattle  and  other  domestic  animals  cross 
said  road  :  Provided ,  said  person  shall  erect  at  his  own  expense  a  good  and  substantial 
bridge,  with  secure  railing  on  each  side  thereof,  and  build  an  embankment  of  easy  grade 
on  either  side  of  said  bridge.  Said  bridge  to  be  not  less  than  16  feet  wide,  to  be  approved 
by  the  commissioners,  and  to  be  kept  constantly  in  good  repairs  by  the  owner  or  occu¬ 
pant  of  said  land,  subject  to  the  direction  of  said  commissioners  of  highways. 


M 

P3 


Laws  1861,  250.  20  Feb.  [1  Apr.]  §  23.  24.  Overseers  of  Highways  —  Their 

Duties.]  It  shall  be  the  duty  of  overseers  of  highways  in  each  town : 

1.  To  repair  and  keep  in  order  the  highways  within  their  several  districts  for  which 
they  shall  have  been  elected. 

2.  To  warn  all  persons  from  whom  road  labor  is  due  to  work  on  the  highways,  at  such 
lines  and  places,  within  their  several  districts,  as  they  may  think  proper. 

3.  To  collect  all  fines  and  commutation  money,  and  to  execute  all  lawful  orders  of  the 
commissioners  of  highways. 

4.  To  deliver  to  the  clerk  of  the  town,  within  16  days  after  their  election  or  appoint¬ 
ment,  a  list  subscribed  by  such  overseers,  of  the  names  of  all  the  inhabitants  in  his  road 
district  who  are  liable  to  work  on  the  highways. 

Ibid.  §  24.  2*5.  Overseer  may  be  Appointed.]  Jf  any  person,  chosen  or  appointed 

jo  the  office  of  overseer  of  highways,  shall  refuse  to  serve,  or  if  his  office  shall  become 


:  R.&  B.§  193.  Repealed:  See  liOADS  ANI)_BTRTDOKS  §  191. 


Chap.  103d.  §§  26 — 35.  768  Township  Organization. 


Art.  XVII.  Roads,  HioTnvays  and  Bridges. 

o  •  o 


vacant,  the  commissioners  of  highways  of  the  town  shall,  by  warrant,  under  their  hands, 
appoint  some  other  person  in  his  stead ;  and  the  overseers  so  appointed  shall  have  the 
same  powers,  be  subject  to  the  same  orders,  and  liable  to  the  same  penalties,  as  overseers 
chosen  at  the  town  meeting. 

Ibid.  §  25.  26.]  The  commissioners  making  the  appointment  shall  cause  such  war¬ 

rant  to  be  forthwith  filed  in  the  office  of  the  town  clerk,  who  shall  give  notice  to  the  per 
son  appointed,  as  in  other  cases. 

Ibid.  §  26.  27.  Neglecting  or  Refusing  to  Perform  Duties.]  Every  overseer 

of  highways  who  shall  refuse  or  neglect  to  perform  any  of  the  duties  hereinbefore  enu¬ 
merated,  or  which  may  be  lawfully  enjoined  on  him  by  the  commissioners  of  highways  of 
his  town,  shall,  for  every  such  refusal  or  neglect,  forfeit  the  sum  of  $10.,  to  be  sued  for  by 
the  commissioners  of  highways  of  the  town,  and  when  recovered,  to  be  applied  by  them  in 
making  and  improving  the  roads  and  bridges  therein. 

Ibid.  §  27.  28.  Notice  to  Perform  Highway  Labor.]  It  shall  be  the  duty  of 

| overseers  of  highways  to  give  at  least  three  days’  notice  to  all  persons  assessed  to  work 
;on  highways,  and  residing  within  the  limits  of  their  respective  districts,  of  the  time  and 
'place  when  and  where  they  are  to  appear  for  that  purpose,  and  with  what  implements; 

| but  no  person,  being  a  resident  of  the  town,  shall  be  required  to  work  on  any  highway 
;  other  than  in  the  district  in  which  he  resides,  except  he  resides  in  a  district  on  a  town 
[line,  which  district  belongs  to  an  opposite  town,  and  unless  he  shall  elect  to  work  in  some 
district  where  he  has  any  land ;  and  in  such  case  he  may,  with  the  approbation  of  the 
commissioners  of  highways,  apply  the  work  assessed  in  respect  to  such  land  in  the  district 
in  which  the  same  is  situated. 

Laws  1867,  169.  28  Feb.  [29  Apr.]  §  1.  2S.  Labor  Commuted  in  Money.]  Every 

person  liable  to  work  on  the  highways  shall  work  the  whole  number  of  days  for  which  he 
shall  have  been  assessed;  but  every  such  person,  other  than  an  overseer  of  the  highways, 
may  elect  to  commute  for  the  same,  or  for  any  part  thereof,  at  the  rate  of  $1.50  per  day  ; 
in  which  case  such  commutation  money  shall  be  paid  to  the  overseer  of  highways  of  the 
district  in  which  the  person  commuting  shall  reside,  to  be  applied  and  expended  by  such 
overseer  in  the  improvement  of  the  roads  and  bridges  in  the  same  district. 

Laws  1861,  251.  20  Feb.  [1  Apr.]  §  29.  SO.  Payment  of  the  Commutation.]  Any 
person  intending  to  commute  for  his  assessment,  or  any  part  thereof,  shall,  within  24  hours 
after  he  shall  be  notified  to  appear  and  work  on  the  highways,  pay  the  commutation  money 
for  the  work  required  of  him  by  such  notice  ;  and  the  commutation  shall  not  be  consid¬ 
ered  as  complete  until  such  money  be  paid. 

Ibid.  §  30.  SI.  Team  May  be  Required.]  Every  overseer  of  highways  shall  have 
|  power  to  require  a  team  or  a  cart,  wagon  or  plow,  with  a  pair  of  horses  or  oxen,  and  a 
j  man  to  manage  them,  from  any  person  having  the  same  within  his  district,  who  shall  have 
[  been  assessed  two  days  or  more,  and  who  shall  not  have  commuted  for  his  assessment ; 
(and  the  person  furnishing  the  same,  upon. such  requisition,  shall  be  entitled  to  a  credit  of 
[two  days  for  each  day’s  service  therewith. 

Laws  1867,  170.  28  Feb.  [29  Apr.]  §  2.  &2.  Labor  by  Substitute.]  Every  per¬ 

son  assessed  to  work  on  the  highways,  and  named  to  work,  may  appear  in  person,  or  by 
an  able-bodied  man  as  a  substitute,  and  the  person  or  substitute  shall  actually  work  eight 
hours  in  each  day,  under  a  penalty  of  25  cents  for  every  hour  such  person  or  substitute 
shall  be  in  default,  to  be  imposed  as  a  fine  on  the  person  assessed. 

Ibid.  §  3.  33.  Idleness  Punished.]  If  any  person,  after  appearing,  remain  idle,  or 

not  work  faithfully,  or  hinder  others  from  working,  such  offender  shall,  for  every  offense, 
forfeit  to  the  town  the  sum  of  $2. 

Ibid.  §  4.  34.  Penalties  Imposed.]  Every  person  so  assessed  and  duly  notified, 

who  shall  not  commute,  and  who  shall  refuse  or  neglect  to  appear,  as  above  provided, 
shall  forfeit  to  the  town,  for  every  day’s  refusal  or  neglect,  the  sum  of  $2.  If  he  was 
required  to  furnish  a  team,  carriage,  man  or  implements,  and  shall  refuse  or  neglect  to 
comply,  he  shall  be  fined  as  follows  :  1.  For  wholly  failing  to  comply  with  such  requisi¬ 
tion,  $4.  for  each  day.  2.  For  omitting  to  furnish  a  pair  of  horses  or  oxen,  $2.  for  each 
day.  3.  For  omitting  to  furnish  a  man  to  manage  the  team,  $2.  for  each  day.  4.  For 
omitting  to  furnish  a  wagon,  cart  or  plow,  $2.  for  each  day. 

|  Laws  1861,  252.  20  Feb.  [1  Apr.]  §34.  3eT.  Complaint  for  Penalty.]  It  shall 
|  be  the  duty  of  every  overseer  of  highways  within  six  days  after  any  person  assessed  and 


Repealed  :  R.  &  B.  §  1 93.  Repealed :  See  R.  &  B.  §  193 


Chap.  103d. 


36—45. 


769 


Township  Organization. 


Art.  XVII.  Roads,  Highways  and  Bridges. 

J  notified  shall  be  guilty  of  any  refusal  or  neglect,  for  which  a  penalty  or  fine  is  prescribed 
j  in  this  act,  unless  a  satisfactory  excuse  shall  be  rendered  to  him  for  such  refusal  or  neg- 
llect,  to  make  complaint,  on  oath,  to  any  justice  of  the  peace  of  the  county. 

Ibid .  §  35.  36.  Summons  for  the  Delinquent.]  The  justice  to  whom  such  com¬ 

plaint  shall  be  made  shall  forthwith  issue  a  summons,  directed  to  any  constable  of  the 
county,  requiring  him  to  summons  such  delinquent  to  appear  forthwith  before  such  justice, 
at  some  place  to  be  specified  in  the  summons,  to  show  cause  why  he  should  not  be  fined 
according  to  law,  for  such  refusal  or  neglect ;  which  summons  shall  be  served  personally, 
or  by  leaving  a  copy  at  his  personal  abode. 

Ibid.  §  36.  37.  The  Fine  —  Collection  Thereof.]  If,  upon  the  return  of  such 

summons,  no  sufficient  cause  shall  be  shown  to  the  contrary,  the  justice  shall  impose  a 
fine,  as  is  provided  in  this  act,  for  the  offense  complained  of,  and  shall  forthwith  issue  a 
warrant,  under  his  hand  and  seal,  directed  to  any  constable  of  the  town  where  such 
delinquent  shall  reside,  commanding  him  to  levy  such  fine,  with  the  costs  of  proceedings, 
of  the  goods  and  chattels  of  such  delinquent. 

Ibid.  §  37  38.  Disposition  of  the  Fine.]  The  constable  to  whom  such  warrant 

shall  be  directed  shall  forthwith  collect  the  moneys  therein  mentioned.  He  shall  pay  the 
fine,  when  collected,  to  the  justice  of  the  peace  who  issued  the  warrant,  who  is  hereby 
required  to  pay  the  same  to  the  overseer  who  entered  the  complaint,  to  be  by  him  ex¬ 
pended  in  improving  the  roads  and  bridges  in  the  district  of  which  he  is  the  overseer. 

Laws  1867,  170.  28  Feb.  [29  Apr.]  §  5.  39.  Penalty  set  off  Against  Assess¬ 

ments.]  Every  penalty  collected  for  refusal  or  neglect  to  appear  and  work  on  the  high¬ 
ways  shall  be  set  off  against  his  assessments  upon  which  it  was  founded,  estimating  every 
$2.  collected  as  a  satisfaction  for  one  day’s  work. 

Laws  1861,  253.  20  Feb.  [1  Apr.]  §  39.  49.  Acceptance  of  Excuse.]  The 
acceptance  by  an  overseer  of  any  excuse  for  refusal  or  neglect  shall  not,  in  any  case, 
exempt  the  person  excused  from  commuting  for  or  working  the  whole  number  of  days  for 
which  he  shall  have  been  assessed  during  the  year. 

Laws  1867,  170.  28  Feb.  [29  Apr.]  §  6.  41.  Per  Diem  of  Overseers.]  Each  and 

every  overseer  of  highways  shall  be  entitled  to  $1.50  per  day,  to  be  paid  out  of  fines  and 
commutation  money,  for  every  day  he  is  necessarily  employed  in  the  execution  of  his 
duties  as  overseer,  the  number  of  days  to  be  accounted  to  and  audited  by  the  commis¬ 
sioners  of  highways :  Provided ,  that  when  there  is  no  funds  from  fines  and  commutations, 
the  commissioners  may  pay  the  overseers  out  of  other  funds  in  their  hands,  if  they  think 
proper. 

Ibid.  §  7.  43.  Road  Tax  Collected  in  Labor  or  Money.]  It  shall  be  the 

.  duty  of  overseers  of  highways  to  warn  all  residents  of  his  district  against  whom  a  land  or 
personal  property  road  tax  is  assessed,  giving  them  three  days’  notice,  to  work  out  the 
;  same  upon  the  highways  ;  and  he  shall  receive  such  tax  in  labor  from  every  able-bodied 
man  or  his  substitute,  at  the  rate  of  $1.  per,  day;  and  any  person  or  his  agent  may  pay 
such  tax  in  road  labor,  at  the  rate  of  $1.  per  day,  and  in  proportion  for  a  less  amount: 
Provided ,  that  any  person  may  elect  to  pay  such  tax  in  money. 

Laws  1861,  253.  20  Feb.  [1  Apr.]  §  42.  43.  Payment  to  be  Noted.]  It  shall  be 

the  duty  of  the  overseer  of  highways,  when  such  land  tax  has  been  paid,  either  in  money 
or  labor,  to  write  the  word  “  Paid  ”  distinctly  against  each  name  or  tract  on  his  list,  on 
which  the  same  has  been  paid. 

Ibid.  §  43.  44.  Delinquent  Road  Tax  Reported.]  Every  overseer  of  highways 

shall  deliver  to  the  supervisor  of  his  town,  at  least  five  days  previous  to  the  annual  meet¬ 
ing  of  the  board  of  supervisors,  the  list  furnished  by  the  commissioners  of  highways,  con¬ 
taining  the  land  and  personal  property  road  tax,  with  an  affidavit  thereon,  sworn  to  before 
the  supervisor  of  the  town,  or  some  justice  of  the  peace  of  the  county,  that  on  all  tracts 
of  land  on  such  list,  opposite  which  the  word  “  Paid  ”  is  not  written,  such  tax  is  due,  and 
remains  unpaid,  according  to  the  best  of  his  belief  and  knowledge. 

.  Ibid.  §  44.  471.  Failure  Therein.]  If  any  overseer  shall  refuse  or  neglect  to 

deliver  such  list  to  the  supervisor,  as  provided  in  the  last  preceding  section,  or  shall  neg¬ 
lect  or  refuse  to  make  the  affidavit,  as  therein  directed,  he  shall,  for  every  such  offense, 
forfeit  the  sum  of  $5.,  and  also  the  amount  of  tax  or  taxes  remaining  unpaid,  to  be  recov¬ 
ered  by  the  commissioners  of  highways  of  the  town,  and  to  be  applied  by  them  in  improv¬ 
ing  the  roads  and  bridges  of  such  town. 

49 


Repealed  :  See  ROADS  AND  BRIDGES  §  393. 


Chap.  ]  03d.  §§  46 — 52.  770  Township  Organization, 

Art.  XVII.  Roads,  Highways  and  Bridges. 

Ibid.  §  45.  46.  Duty  of  Supervisors.]  It  shall  be  the  duty  of  the  supervisors 

of  the  several  towns  to  receive  the  list  of  the  overseers  of  highways,  when  delivered 
pursuant  to  the  preceding  section,  and  to  lay  the  same  before  the  supervisors  of  the 
county. 

Ibid.  §  46.  47.]  It  shall  be  duty  of  the  board  of  supervisors  to  cause  the  amount 

of  such  averages  [arrearages]  of  road  tax  to  be  levied  on  the  lands  so  returned,  and  to  be 
collected  in  the  same  manner  that  the  contingent  charges  of  the  county  are  levied  and 
collected,  and  to  order  the  same,  when  collected,  to  be  paid  over  to  the  commissioners 
of  highways  of  the  town,  to  be  by  them  applied  to  the  construction  of  roads  and 
bridges. 

o  _  _ 

Ibid.  §  47.  48.  Time  of  Working  out  Highway  Labor.]  It  shall  be  the  duty 

of  every  overseer  of  highways  to  have  at  least  three-fourths  of  the  road  labor  assessed  in 
his  district  worked  out  or  actually  expended  on  the  highways,  previous  to  the  first  day  of 
October  in  every  year. 

Ibid.  §  48.  46.  Annual  Report  of  Overseers.]  Every  overseer  of  highways 

shall,  on  the  second  Tuesday  next  preceding  the  time  of  holding  the  annual  town  meeting 
in  his  town,  within  the  year  for  which  he  is  elected  or  appointed,  render  to  one  of  the 
commissioners  of  highways  of  the  town,  an  account,  in  writing,  containing : 

1.  The  names  of  all  persons  assessed  to  work  on  highways  in  the  district  of  which  he 
is  overseer. 

2.  The  names  of  all  those  who  have  actually  worked  on  the  highways,  with  the  number 
of  days  they  have  actually  worked. 

3.  The  names  of  all  those  who  have  been  fined,  and  the  sums  in  which  they  have  beeD 
fined. 

4.  The  names  of  all  those  who  have  commuted,  and  the  manner  in  which  the  moneys 
arising  from  fines  and  commutations  have  been  expended  by  him. 

5.  The  amount  of  uncollected  road  tax,  which  he  has  returned  to  the  supervisor  of  the 
town,  as  required  in  §  43  of  this  article. 

Ibid.  §  49.  56.  Moneys  Unexpended.]  Every  such  overseer  shall  also,  then  and 

there,  pay  to  the  commissioners  all  moneys  remaining  in  his  hands  unexpended,  to  be 
applied  by  the  commissioners  in  making  and  improving  the  roads  and  bridges  in  the 
town,  in  such  a  manner  as  they  shall  direct. 

Ibid.  §  50.  51.  Overseer  Neglecting  to  Account  or  Pay  Over.]  If  any 

overseer  shall  refuse  or  neglect  to  render  such  account,  or  if,  having  rendered  the  same, 
he  shall  refuse  or  neglect  to  pay  any  balance  which  may  then  be  due  from  him,  he  shall, 
for  every  such  offense,  forfeit  the  sum  of  $5.,  to  be  recovered,  with  the  balance  of  the 
moneys  remaining  in  his  hands,  by  the  commissioners  of  highways  of  the  town,  and  to  be 
applied  in  making  and  improving  the  roads  and  bridges.  It  shall  be  the  duty  of  the 
commissioners  to  prosecute  for  such  penalty  in  every  instance  in  which  no  return  is 
made. 

Laws  1854,  29.  27  Feb.  §  14.  5££.  Materials  for  Bridge  or  Causeway. 

Consult  also  Ch.  93  §  41.]  The  overseers  of  roads  of  the  several  towns  are  hereby  author¬ 
ized  to  enter  upon  any  unimproved  land  most  convenient,  and  to  cut  and  haul  away 
timber,  or  to  quarry  and  haul  rock,  gravel,  sand  or  earth  which  may  be  necessary  for  the 
purpose  of  building  or  repairing  any  bridge  or  causeway  in  their  respective  road  districts  : 
Provided ,  that  such  overseers  shall  not  take  away  timber  already  cut,  or  rock  or  gravel 
already  quarried  for  another  "purpose,  without  leave  from  the  owner  or  his  agent:  And 
'provided  also,  that  unless  the  owner  or  his  agent  shall  first  consent  to  the  cutting  of  tim¬ 
ber  or  the  quarrying  of  stone,  or  the  taking  of  gravel,  sand  or  earth,  the  overseers  of  roads 
shall  call  upon  two  discreet  householders  to  value  the  materials  about  to  be  used,  and  if 
the  owner  of  the  materials  shall  think  proper,  he  or  she  may  choose  two  other  discreet 
householders,  to  act  with  such  as  may  be  chosen  by  the  overseer  of  highways,  and  if  they 
cannot  agree,  the  four  shall  choose  a  fifth  as  umpire,  and  the  five,  or  a  majority  of  them, 
shall  make  out  their  award,  under  their  hands  and  seals,  and  deposit  it  with  the  clerk  of 
the  town  in  which  such  bridge  is  situated,  who  shall  file  the  same  in  his  office.  Sa'id 
award  shall  be  final  and  conclusive  of  the  amount  of  damages  sustained  by  such  person, 
and  the  amount  so  awarded  shall  be  audited,  levied  and  collected  in  the  same  manner 
provided  in  the  next  preceding  section  of  this  act,  [§  13  act  of  27  Feb.  1854  ;  §  14  of 
this  article]  and  the  overseer  of  highways  shall  be  authorized  and  warranted,  and  is 


Superseded.  Repealed:  See  ROADS  AND  BRIDGES  §  193. 


Township  Organization, 


Chap.  103d.  §§  53—58.  771 

Art.  XVII.  Roads,  Highways  and  Bridges. 

hereby  fully  empowered,  to  take  such  materials  as  aforesaid  for  the  purposes  contemplated 
in  this  section,  as  soon  as  such  award  shall  be  made. 

Laws  1867,  171.  28  Feb.  [29  Apr.]  §  9.  53.  Ditch  or  Drain  for  Road.]  The 

overseers  of  highways  of  the  several  towns  are  hereby  authorized  to  enter  upon  any  land 
adjacent  to  any  highway  in  their  respective  districts,  for  the  purpose  of  opening  any  ditch, 
drain,  necessary  sluice  or  water  course,  whenever  it  shall  lie  necessary  to  open  a  water 
course  from  any  highway  to  the  natural  water  courses,  and  to  dig,  open  or  clean  ditches 
upon  said  land,  for  the  purpose  of  carrying  off  the  water  from  said  highways,  or  to  drain 
any  slough  or  pond  on  said  highway :  Provided,  that  unless  the  owner  of  such  land,  or  his 
agent,  shall  first  consent  to  the  cutting  of  such  ditches,  the  overseer  of  highways  shall  call 
upon  two  discreet  householders  to  assess  the  damages  which  such  owner  may  sustain  by 
reason  of  the  digging  or  opening  of  such  ditches  or  drains  ;  and  if  the  owner  of  such  lands 
shall  think  proper,  he  or  she  may  choose  two  other  discreet  householders  to  act  with  such 
as  may  be  chosen  bv  the  overseer  of  highways ;  and  if  they  can  not  agree,  the  four  shall 
choose  a  fifth,  as  umpire,  and  the  five,  or  a  majority  of  them,  shall  make  out  their  award, 
under  their  hands  and  seals,  and  deposit  with  the  clerk  of  the  town  in  which  said  high¬ 
way  is  situated,  who  shall  file  the  same  in  his  office.  Such  award  shall  be  final  and  con¬ 
clusive  of  the  amount  of  damages  sustained  by  such  person  ;  and  the  amount  so  awarded 
shall  be  audited,  levied  and  collected  in  the  same  manner  provided  in  §  14,  Art.  17  of  the 
township  organization  law;  and  the  overseer  of  highways  shall  be  warranted  and  is  hereby 
empowered  to  enter  such  lands,  and  dig,  open  and  clean  such  drains,  ditches  and  water 
^courses  as  aforesaid,  for  the  purposes  contemplated  in  this  act,  and  is  further  authorized 
I  to  use  and  employ  the  road  labor  and  money  of  his  district  for  such  purposes. 

Laws  1861,  255.  20  Feb.  [1  Apr.]  §  51.  54.  Petition  for  Altering  or  Discon 

tinuing  a  Road.]  The  commissioners  of  highways  may  alter  or  discontinue  any  road,  or 
lay  out  any  new  road,  when  petitioned  by  any  number  of  legal  voters,  not  less  than  12, 
residing  within  three  miles  of  the  road  so  to  be  altered,  discontinued  or  laid  out.  Said 
petition  shall  set  forth,  in  writing,  a  description  of  the  road,  and  what  part  thereof  is  to  be 
altered  or  discontinued  ;  and  if  for  a  new  road,  the  names  of  owners  of  lands,  if  known, 
over  which  the  road  is  to  pass,  the  points  at  which  it  is  to  commence,  its  general  course, 
and  the  place  at  or  near  where  it  is  to  terminate. 

Ibid.  §  52.  55.  Petition  to  be  Posted.]  Whenever  any  number  of  legal  voters 

determine  to  petition  the  commissioners  of  highways  for  the  alteration  or  discontinuance 
of  any  road,  or  laying  out  of  any  new  road,  they  shall  cause  a  copy  of  their  petition  to  be 
posted  up  in  three  of  the  most  public  places  in  the  town,  20  days  before  any  action  shall 
be  had  in  reference  to  said  petition. 

Ibid.  §  53.  56.  Examination  by  the  Commissioners.]  Whenever  the  commission¬ 

ers  of  highways  shall  receive  a  petition,  in  compliance  with  the  two  preceding  sections, 
they  shall,  or  a  majority  of  them,  within  10  d.iys  after  the  expiration  of  the  20  days  re¬ 
quired  in  §  2  [52]  of  this  article,  personally  examine  the  proposed  alteration,  discontinu¬ 
ance  or  route  for  the  new  road  proposed  to  be  laid  out,  and  shall  hear  any  reasons  that 
may  be  offered  for  or  against  altering,  discontinuing  or  laying  out  the  same.  If  they  shall 
be  of  opinion  that  such  alteration,  discontinuance  or  laying  out  shall  be  necessary  and 
proper,  and  that  the  public  interest  will  be  promoted  thereby,  they  shall  grant  the  prayer 
of  the  petitioners,  as  hereinafter  provided. 

Ibid.  §  54.  57.  Reasons  For  and  Against.]  The  commissioners  of  highways,  be- 

fare  determining  to  lay  out  any  new  road,  or  to  alter  or  discontinue  any  old  one,  shall  fix 
upon  a  time  and  place  when  and  where  they  will  meet  to  hear  any  reasons  that  may  be 
offered  for  or  against  altering,  discontinuing  or  laying  out  the  same  ;  and  they  shall  cause 
written  notices  thereof  to  be  posted  up  in  three  of  the  most  public  places  in  the  town,  at 
least  eight  days  previous  to  the  time  of  meeting. 

Ibid.  §  55.  58.  Surveys  and  Plats.]  Whenever  the  commissioners  of  highways 

shall  determine  to  lay  out  any  new  road,  or  alter  any  old  one,  they  shall  cause  a  survey  to 
be  made,  by  a  competent  surveyor,  who  shall  make  a  report  to  them  of  such  survey,  accom¬ 
panied  with  a  plat,  particularly  describing  the  route,  by  metes  and  bounds,  courses  and 
distances,  and  also  the  land  over  which  the  road  passes.  They  shall  incorporate  such 
survey,  accompanied  with  a  plat,  in  an  order,  to  be  signed  by  them,  declaring  such  road, 
so  altered  or  laid  out,  to  be  a  public  highway ;  which  order,  together  with  the  petition  and 


Superseded. 


Chap.  103d.  §§  59 — 65.  772  Township  Organization. 

Art.  XVII.  Roads,  Highways  and  Bridges. 


report  of  the  surveyor,  shall  be  deposited  with  the  town  clerk,  who  shall  note  the  time  of 
filing  the  same.  In  case  the  commissioners  shall  determine  not  to  alter,  discontinue  or 
lay  out  any  road,  in  accordance  with  any  petition  to  them  presented,  they  shall  note  the 
fact  on  the  back  of  said  petition,  and  deposit  it  with  the  town  clerk,  who  shall  note  the 
time  of  filing  the  same. 

Laws  1861,  130,  22  Feb.  §  1.  59.  Surveys  and  Plats  by  the  County  Sur¬ 

veyor.]  It  shall  be  lawful  for  the  board  of  supervisors  in  any  county  to  empower  and 
authorize  the  county  surveyor  of  said  county,  under  the  direction  of  the  highway  com¬ 
missioners  of  each  town,  to  survey,  locate  and  plat  the  public  highways  of  each  town  ;  and 
when  such  plat  shall  have  been  completed  and  approved  by  the  highway  commissioners, 
it  shall  be  filed  in  the  office  of  said  town  clerk,  together  with  the  minutes  and  reports  of 
such  survey,  and  be  carefully  kept  by  such  town  clerk  as  a  part  of  his  official  records ; 
the  expenses  of  such  proceedings  to  be  paid  out  of  the  road  fund,  by  each  town. 

Ibid.  §  2.  09.]  The  said  plat,  minutes  and  report,  or  a  certified  copy  of  the  same, 
under  hand  and  seal  of  the  town  clerk,  shall  be  prima  facie  evidence  that  the  road  or 
roads  therein  described  have  been  lawfully  constituted  a  public  highway. 

Ibid.  §  3.  01.]  The  provisions  of  this  act  shall  apply  to  ratify  and  confirm  all  pro¬ 
ceedings  heretofore  had  by  any  county  or  commissioners  of  highways  and  surveyor,  in 
accordance  with  the  provisions  of  the  first  section  of  this  act,  or  by  order  of  the  town 
authorities. 


Lares  1861,  256.  20  Feb.  [1  Apr.~\  §  56.  OS.  Damages  for  Opening  or  Alter¬ 
ing  Roads.]  The  damages  sustained  by  reason  of  the  laying  out,  or  opening,  or  altering 
any  road,  ma^  be  ascertained  by  the  agreement  of  the  owners  and  the  commissioners  of 
highways ;  and  unless  such  agreement  be  made,  or  the  owners  of  the  land  shall,  in  writ¬ 
ing,  release  all  claims  to  damages,  the  same  shall  be  assessed  in  the  manner  hereinafter 
prescribed,  before  such  road  shall  be  opened,  or  worked,  or  used.  Every  agreement  and 
release  shall  be  filed  in  the  town  clerk’s  office,  and  shall  forever  preclude  such  owners  of 
such  lands  from  all  further  claims  for  such  damages.  In  case  the  commissioners  and 
owners  of  land  claiming  damages  cannot  agree,  it  shall  be  the  duty  of  the  commission¬ 
ers  to  assess  the  damages  at  what  they  may  deem  just  and  right,  to  each  individual 
claimant  with  which  they  cannot  agree,  and  deposit  a  statement  of  the  amount  of  dam¬ 
ages  so  assessed  to  each  individual  with  the  town  clerk,  who  shall  note  the  time  of  filing 
the  same.  It  shall  be  the  duty  of  commissioners,  in  all  cases  of  assessing  damages,  to 
estimate  the  advantages  and  benefits  the  new  road  or  alteration  of  any  old  one  will  con¬ 
fer  on  complainants  for  the  same,  as  well  as  the  disadvantages. 

Ibid.  §  57.  93.  Order  to  be  Filed.]  It  shall  be  the  duty  of  the  town  clerk, 

whenever  any  order  of  the  commissioners  for  laying  out,  altering  or  discontinuing  a  road 
shall  be  received  by  him,  to  carefully  file  the  same.;  and  the  time  hereinafter  limited  for 
appealing  from  such  order  shall  be  computed  from  the  time  of  filing  the  same  ;  but  the 
town  clerk  shall  not  record  such  order  until  a  final  decision  is  made,  and  not  then  unless 
such  order  is  confirmed. 

Ibid.  §  58.  64.  Road  Vacated  or  Re-Located.]  Whenever  it  shall  be  repre¬ 

sented  to  the  board  of  supervisors  of  any  county  at  any  regular  or  special  meeting,  by  a 
petition  of  at  least  35  legal  voters  of  the  county,  residing  within  three  miles  of  any  state 
road,  that  said  road,  or  any  portion  thereof,  within  said  county,  is  useless  and  burthen- 
some,  and  that  the  public  interest  requires  that  the  same,  or  any  particular  portion 
thereof,  setting  forth  what  portion,  should  be  vacated,  or  that  the  public  interest  requires 
the  re-location  of  said  road,  or  any  part  thereof,  setting  forth  what  part,  said  board  shall 
proceed  and  appoint  three  suitable  persons  of  said  county  as  viewers,  to  view  said  road, 
who  shall,  within  a  reasonable  time,  and  after  being  duly  sworn  to  perform  their  duties 
faithfully  and  impartially,  proceed  to  examine  said  road,  and  particularly  that  portion 
thereof  in  question,  and  make  report,  in  writing,  of  their  doings,  at  the  same  or  next 
meeting  of  the  board  of  supervisors. 

Ibid.  §  59.  65.  Viewers  to  Examine  and  Report.]  When  the  petition  is  for 

the  vacation  of  the  road,  the  viewers  shall  proceed  to  ascertain  the  fact,  as  to  whether  the 
road  is  useless  and  burthensome,  and  if  they  find  such  to  be  the  fact,  they  shall  so  report. 
If  the  petition  is  for  the  re-location  of  the  road,  they  shall  proceed  to  inquire  whether  the 
public  interest  requires  such  re-location,  and  shall  report  to  the  board  accordingly,  as  they 


Chap.  103cl. 


66—74. 


773 


Township  Organization. 


Art.  XVII.  Roads,  Highways  and  Bridges. 

shall  find  the  facts  to  be.  If  they  shall  find  that  the  public  interest  requires  such  re-loca¬ 
tion  they  shall  re-locate  the  line  of  said  road,  as  in  their  opinion  is  required,  and  cause  a 
survey  thereof  to  be  made  by  a  competent  surveyor,  and  shall  accompany  their  report 
with  an  accurate  plat  and  survey  of  such  re-location.  On  receiving  the  report  of  said 
viewers,  the  board  of  supervisors  may,  in  their  discretion,  order  the  vacation  or  re-location 
of  said  road,  agreeably  to  the  report  of  the  viewers. 

Ibid.  §  60.  66.  Notice  op  Petition  for  Vacation  or  Re-Location.]  No  peti¬ 

tion  for  the  vacation  or  re-location  of  any  state  road  shall  be  entertained  or  the  prayer 
thereof  granted  by  the  board  of  supervisors,  unless  public  notice  of  the  presentation 
of  such  petition  shall  be  given,  at  least  20  days  prior  to  the  presentation,  by  posting  up 
notices  in  at  least  three  public  places  on  the  route  of  the  road  and  on  the  door  of  the 
court  house,  and  also  on  the  door  of  the  county  clerk’s  office,  should  it  be  kept  in  a  sepa 
rate  building. 

Ibid.  §  61.  67.  Compensation  Allowed  —  Deposit  Required.]  The  viewers, 

and  persons  they  may  necessarily  employ  to  aid  them,  under  the  provisions  aforesaid,  shall 
be  allowed  such  reasonable  compensation  as  the  board  of  supervisors  may  deem  just,  to 
be  paid  out  of  the  county  treasury  ;  and  the  board  shall  have  power,  in  their  discretion, 
to  require  the  applicants  for  the  vacation  or  re-location  of  any  state  road  to  deposit  with 
the  clerk  a  sufficient  sum  of  money  to  pay  the  expenses  of  viewing  the  same,  in  case  the 
report  of  the  viewers  shall  be  adverse  to  the  prayer  of  the  petition,  and  to  be  returned,  in 
case  their  report  shall  be  favorable. 

Ibid.  §  62.  ©8.  Roads  to  be  Four  Rods  Wide.]  All  public  highways,  laid  out  by 

order  of  the  commissioners  of  highways  or  supervisors,  on  appeal,  shall  not  be  less  than 
four  rods  wide. 

Ibid.  §  63.  60.  Public  Highways  —  Altering  State  Roads.]  The  public  roads, 

now  existing  by  law,  are  declared  the  public  highways  of  the  town  in  which  such  roads 
shall  lay,  and  this  act  shall  not  be  construed  as  conferring  any  power  on  the  commission¬ 
ers  of  highways  to  alter  state  roads  now  or  hereafter  existing  by  law. 

Ibid.  §  64.  T'O.  Five  Years  through  Uninclosed  Lands.]  All  roads  laid  out  by 
authority  of  the  county  commissioners  or  county  court  in  counties  adopting  township 
organization  prior  to  the  time  of  adopting  township  organization,  and  which  have  been 
opened  and  traveled  as  highways  for  the  space  of  five  years  from  the  date  of  laying  out  or 
remained  open  through  uninclosed  land  for  that  length  of  time,  are  hereby  declared  to  be 
public  highways,  and  the  order  of  said  county  commissioners  or  county  court,  entered  of 
record,  establishing  such  roads,  shall  be  evidence  of  the  regularity  of  all  the  proceedings 
in  laying  out  such  roads  anterior  to  such  order. 

Ibid.  §  65.  71.  Re-Survey  of  Road.]  It  shall  be  the  duty  of  the  commissioners  of 

highways,  on  application  of  12  freeholders  residing  within  three  miles  of  any  such  road, 
to  proceed  and  cause  the  same  to  be  re-surveyed  and  more  perfectly  described,  having 
posted  notices  of  their  intention  to  do  so,  in  three  public  places  in  the  neighbQrhood  of  the 
road,  for  at  least  10  days  prior  thereto. 

Ibid.  §  66.  72.  Manner  of  Making  such  Re-Suryey  —  Report  thereof.]  In 

re-surveying  any  such  road  the  commissioners  of  highways  shall  consult  the  original  field 
notes  or  survey  thereof,  if  the  same  can  be  produced,  and  shall  hear  any  and  all  other 
evidence,  written  or  parol,  which  may  be  offered  in  relation  to  the  original  location  of  such 
road,  in  cases  where  there  shall  be  any  doubts  as  to  the  location  and  the  time  and  manner 
of  traveling  such  road  ;  and  having  heard  such  evidence,  they  shall  proceed  and  re-estab  ish 
the  line  of  said  road,  in  accordance  with  the  evidence  before  them,  and  shall  make  a  correct 
plat  thereof,  with  a  certificate  of  their  doings  in  the  premises,  embodying  their  survey  of 
the  road  and  their  determination  in  the  premises,  which  they  shall  file  in  the  town  clerk’s 
office  ;  and  which  action  of  the  commissioners  of  highways  shall  be  final  and  conclusive, 
as  to  the  location  of  such  road,  and  the  time  and  manner  of  traveling  the  same. 

Ibid.  §  67.  73.  Effect  of  the  Order.]  The  laying  out  and  establishing  of  a  high¬ 

way,  by  the  commissioners  of  highways,  on  the  route  of  any  road  laid  and  established  by 
county  authority,  as  aforesaid,  shall  not  operate  to  vacate  or  discontinue  the  road  before 
laid  out  and  established,  unless  the  order  of  the  commissioners  shall  so  declare  ;  and  such 
vacation  or  discontinuance  shall  likewise  have  been  petitioned  for. 

Ibid.  §  68.  74.  Appeals  in  Road  Cases.]  Any  person  or  persons,  being  owners 


Superseded 


Chap.  103d.  75—81. 


774 


Township  Organization. 


Art.  XVII.  Roads,  Highways  and  Bridges. 

*  O  J  .  o 


of  or  agents  for  any  tract  of  land  upon  the  route  or  line  of  or  over  which  any  highway 
altered,  discontinued  or  laid  out  shall  run,  feeling  themselves  aggrieved  by  any  order 
made  by  the  commissioners  of  highways,  may  appeal  from  the  same,  at  any  time,  within 
30  days  after  the  filing  of  such  order  in  the  town  clerk’s  office.  Such  appeal  shall  note 
the  time  that  such  order  was  filed,  and  shall  be  made  to  three  supervisors  of  the  county, 
neither  of  whom  shall  be  a  resident  of  the  town  in  which  said  highway  was  situated.  All 
persons  who  desire  to  make  an  appeal  from  such  order  shall  act  in  concert  and  make 
their  appeal  to  the  same  three  supervisors. 

Ibid.  §  69.  7o.  Appeal  in  Writing  —  Reasons  Stated.]  Every  such  appeal  shall 

be  in  writing,  and  signed  by  the  party  or  parties  appealing.  It  shall  briefly  state  the  ground 
upon  which  it  is  made,  and  whether  it  is  brought  in  relation  to  damages  assessed  by  the 
commissioners  of  highways,  or  in  relation  to  the  alteration,  discontinuance  or  laying  out  of 
the  road,  or  in  relation  to  both,  or  whether  it  is  brought  to  reverse  entirely  the  determina¬ 
tion  of  the  commissioners,  or  only  to  reverse  a  part  thereof,  and  in  the  latter  case  it  shall 
specify  what  part. 

Ibid.  §  70.  7(5.  Addressed  to  the  Town  Clerk —  Bond  Required.]  The  ap¬ 

peal  shall  be  addressed  to  the  town  clerk  of  the  town  wherein  the  road  in  question  shall  be 
and  filed  with  him  within  the  time  required  for  taking  appeals  ;  and  in  case  there  shall  be 
no  town  clerk  in  the  town,  then  such  appeal  may  be  addressed  to  and  filed  with  the  su¬ 
pervisor  or  any  justice  of  the  peace  of  said  town  ;  and  upon  the  filing  of  a  bond  by  the 
party  taking  such  appeal,  executed  to  the  supervisor  of  the  town,  in  sufficient  amount,  and 
with  sufficient  sureties,  to  be  approved  by  said  town  clerk,  supervisor  or  justices  of  the 
peace,  conditioned  to  pay  all  costs  arising  from  such  appeal,  in  case  the  determination  of 
the  commissioners  of  highways  in  the  premises  shall  not  be  reversed,  said  town  clerk, 
supervisor  or  justice  of  the  peace,  as  the  case  may  be,  shall  at  once  proceed  to  select,  at 
his  discretion,  three  supervisors  of  the  county,  neither  of  whom  shall  be  a  resident  of  the 
town  in  which  the  highway  is  situated,  for  the  hearing  of  said  appeal,  which  supervisors 
shall  proceed  to  hear  and  determine  said  appeal,  as  hereinafter  provided. 

Ibid.  §  71.  77.  Suit  on  the  Bond.]  In  case  the  condition  of  the  bond  provided 

in  the  preceding  section  shall  not  be  complied  with  in  30  days  after  the  appeal  shall  be 
determined,  the  supervisor  shall  bring  suit  thereon,  before  some  justice  of  the  peace 
of  the  county,  who  shall  have  jurisdiction  in  such  cases  without  regard  to  the  amount  of 
the  bond,  and,  when  collected,  the  amount  shall  be  paid  to  the  several  persons  inter¬ 
ested. 

Ibid.  §  72.  78.  Selection  of  Three  Supervisors — Notice  Thereof.]  The  town 

clerk,  supervisor  or  justice  of  the  peace,  as  the  case  may  be,  in  making  the  selection  of 
supervisors,  as  aforesaid,  shall  have  due  regard  to  the  interests  of  the  persons  interested, 
and  shall,  upon  making  such  selection  or  nomination,  give  a  certificate  of  the  same,  which 
shall  be  delivered  to  the  person  taking  such  appeal  ;  which  certificate  said  person  shall 
cause  to  be  delivered  to  one  of  the  supervisors  therein  named,  within  10  days  from  the 
time  of  filing  such  appeal  with  the  town  clerk  or  other  officer,  as  aforesaid,  and  shall  also, 
within  the  same  time,  cause  a  notice  of  such  appeal  to  be  given  to  the  other  two  super¬ 
visors  named  in  said  certificate. 

Ibid.  §  73.  70.  Time  of  Hearing  to  be  Fixed.]  It  shall  be  the  duty  of  the 
supervisors  to  whom  the  appeal  is  made,  as  soon  as  may  be  convenient,  after  the  expira¬ 
tion  of  30  days  from  the  filing  of  the  order  in  the  town  clerk’s  office  from  which  the  appeal 
is  made,  to  agree  upon  a  time  when  and  where  they  will  meet  to  consider  the  same  ;  which 
shall  be  at  some  place  deemed  convenient,  at  or  near  the  road  to  be  examined. 

Ibid.  §  74.  80.  Notices  Given  by  Party  Appealing.]  The  person  or  persons 

making  the  appeal  shall  cause  a  notice,  in  writing,  of  the  time  and  place  agreed  on  by  the 
three  supervisors  when  and  where  they  will  meet,  to  be  served  on  each  of  the  commis¬ 
sioners  of  highways  from  whose  order  they  appealed,  and  also  on  at  least  three  of  the 
petitioners  who  petitioned  in  relation  to  such  road;  which  notices  shall  be  served  at  least 
eight  days  before  the  time  mentioned  therein,  by  delivering  one  to  each  commissioner,  or 
leaving  one  at  each  of  their  dwelling  houses  ;  and  in  like  manner  shall  the  notices  be 
served  on  each  of  the  three  petitioners. 

Ibid.  §  75.  88.  P  KOCEEDINGS  BEFORE  THE  TlIREE  SUPERVISORS - TlTEIR  DeCIS- 

Iion.J  It  shall  be  the  duty  of  supervisors  to  convene  at  the  time  and  place  mentioned  in 
the  notice,  and  to  hear  the  proofs  and  allegations  of  the  parties.  They  shall  have  power 


Superseded. 


Chap.  103d. 


82—88. 


775 


TowNSHrp  Organization. 


Art.  XVII.  Roads,  Highways  and  Bridges. 

to  issue  process,  to  compel  the  attendance  of  witnesses,  and  may  adjourn  from  time  to 
time,  as  may  be  necessary.  Their  decision,  or  that  of  any  two  of  them,  shall  embrace  the 
whole  matter  in  controversy.  They  shall  first  consider  the  propriety  and  expediency  of 
locating,  altering  or  discontinuing  the  road  ;  secondly,  the  subject  of  damages,  if  such  sub¬ 
ject  was  embraced  in  the  appeal  under  which  they  are  acting ;  and  they  shall  fix  upon  the 
amount  of  damages  which,  in  their  judgment,  is  right  and  just,  to  be  paid  to  each  person 
claiming  damages ;  but  no  person  shall  be  entitled  to  re-assessment  of  damages,  unless 
his  or  her  name  appears  in  the  appeal  in  reference  to  that  subject.  The  supervisors  shall 
be  governed  by  the  same  rules*  in  assessing  damages,  as  is  provided  in  §  56  of  this  article, 
for  the  government  of  commissioners  of  highways  in  such  case. 

Ibid.  §  76.  83.  Appeals  Concerning  Alteration  or  Discontinuance.]  Upon 

the  refusal  of  the  commissioners  of  highways  to  alter  or  discontinue  a  road,  or  lay  out  any 
new  road,  petitioned  for  as  provided  in  §  51  of  this  article,  any  one  of  the  petitioners  may 
appeal  from  such  determination  in  the  same  manner  and  subject  to  the  same  provisions  and 
restrictions  as  relates  to  persons  who  feel  themselves  aggrieved  by  a  determination  of  the 
commissioners  to  alter  or  discontinue  a  road,  or  lay  out  a  new  road. 

Ibid.  §  77.  83.  Powers  and  Duties  of  the  Three  Supervisors.]  Where  an 

appeal  shall  have  been  made  from  the  determination  of  the  commissioners  refusing  to  lay 
out,  alter  or  discontinue  a  road,  and  the  supervisors  shall  reverse  such  determination,  such 
supervisors  shall  alter,  discontinue  or  lay  out  the  road  applied  for,  as  the  case  may  be,  and 
in  doing  so  shall  proceed  in  the  same  manner  in  which  commissioners  of  highways  are 
directed  to  proceed  in  the  like  cases.  Such  road  shall  be  opened  by  the  commissioners 
of  the  town,  in  the  same  manner  as  if  laid  out  by  themselves. 

Ibid.  §  78.  84.  Appeal  if  Road  be  on  Town  Line.]  Appeals  may  be  had  from 

the  determination  of  commissioners  of  highways  of  two  adjoining  towns,  in  altering,  dis¬ 
continuing,  laying  out  or  refusing  to  lay  out  any  road  upon  the  line  between  said  towns, 
which  shall  be  granted  and  conducted  in  all  respects  as  in  other  cases,  except  that  the 
appeal  shall  be  addressed  to  the  town  clerks  of  both  towns,  or  other  officers  of  each  town, 
as  necessity  may  require.  Each  clerk  shall  select  one  supervisor,  and  the  party  appealing 
may  select  the  other.  Said  clerks  shall  jointly  certify  the  facts  of  such  selection.  The 
supervisors  so  selected  shall  proceed,  as  near  as  may  be,  as  provided  in  other  cases.  The 
bond  for  costs,  in  such  case,  may  be  executed  to  the  supervisor  of  either  town.  Duplicate 
copies  of  all  orders  and  proceedings  in  such  cases,  shall  be  filed  with  the  town  clerks  of 
each  town. 

Ibid.  §  79.  8*5.  One  Supervisor  Failing  to  Attend.]  In  case  any  one  of  the 

supervisors  to  whom  such  application  shall  have  been  made  shall  become  unable  to  attend 
before  the  determination  of  such  appeal,  it  shall  be  the  duty  of  the  remaining  supervisors 
named  therein  to  associate  with  themselves  another  of  the  supervisors  of  the  same  county, 
who  shall  act  with  them  in  all  subsequent  proceedings,  in  the,  same  manner  as  if  he  had 
been  originally  named  in  such  appeal.  In  case  the  term  of  office  of  any  supervisor  shall 
expire  before  the  determination  of  such  appeal,  he  shall  continue  to  act  in  the  premises 
the  same  as  if  he  had  been  re-elected. 

Ibid.  §  80.  8©.  Fees  Allowed.]  Every  such  supervisor  shall  be  entitled  to  receive 

$1.50  for  every  day  employed  in  hearing  and  deciding  such  appeal,  or  when  necessarily 
engaged  in  reference  to  the  same  ;  and  the  town  clerk,  supervisor  or  justice  of  the  peace 
shall  be  entitled,  for  giving  a  certificate  of  an  appeal,  50  cents,  to  be  paid  by  the  party 
appealing,  where  the  determination  of  the  commissioners  of  highways  shall  be  affirmed ; 
but  where  it  is  reversed,  to  be  charged  against  and  paid  by  the  town. 

Ibid.  §  81.  $7.  Supervisors’  Decision  Final  for  a  Year.]  After  the  action  of 

the  supervisors  upon  an  appeal  from  the  decision  of  the  commissioners  of  highways,  in 
laying  out,  vacating  or  altering  any  road,  no  application  shall  be  entertained  by  commis¬ 
sioners  for  the  re-laying,  vacation  or  alteration  of  the  same  road  within  one  year  from 
the  date  of  the  determination  of  the  supervisors  thereupon.  * 

Ibid.  §  82.  88.  Account  of  the  Damages  to  be  Filed  and  Returned.]  The 

amount  of  damages  as  finally  settled  by  the  three  supervisors  or  as  agreed  on  by  the  com¬ 
missioners  of  highways,  together  with  all  charges  of  officers  and  other  persons  employed  in 
laying  out,  altering  or  discontinuing  any  road,  shall  be  rendered  by  the  commissioners  of 
highways  to  the  board  of  town  auditors,  with  the  amount  of  damages  and  charges  due 


Chap.  103d.  §§  89 — 96.  776  Township  Organization. 

Art.  XVII.  Roads,  Highways  and  Bridges. 

each  individual ;  which  account  shall  be  audited  by  said  board,  certified  to  and  deposited 
with  the  town  clerk.  The  town  clerk  shall  make  out  the  aggregate  amount  of  such  dam¬ 
ages  and  charges,  with  his  certificate  thereto  attached,  and  deliver  the  same  to  the  super¬ 
visor  of  the  town  previous  to  the  annual  meeting  of  the  board  of  supervisors. 

Ibid.  §  83.  81).  Petition  to  Board  of  Supervisors.]  After  a  final  decision  by 

any  three  supervisors  to  whom  any  road  difficulty  has  been  appealed,  if  in  the  opinion  of 
the  supervisor,  town  clerk,  the  justices  of  the  peace  and  the  commissioners  of  highways, 
or  any  five  of  them,-  the  damages  are  manifestly  too  high,  and  that  in  providing  for  the 
payment  thereof,  an  oppressive  tax  will  have  to  be  levied  on  the  property  of  said  town, 
they  may  petition  the  board  of  supervisors,  at  any  meeting  of  said  board  held  within  six 
months  after  such  decision,  for  relief,  either  from  the  whole  or  a  part  of  the  damages. 
The  board  shall  hear  the  reasons  for  and  against  granting  such  relief,  and  if  a  majority  of 
them  shall  be  of  opinion  that  the  town  should  be  relieved  from  the  whole  amount  of  dam¬ 
ages,  then  and  in  that  case  the  opening  of  said  road  shall  be  postponed  until  the  damages 
or  a  major  part  thereof,  are  in  some  other  way  provided  for  than  by  levying  a  tax  upon 
the  property  of  the  town. 

Ibid.  §  84.  DO.  Roads  —  County  and  Town  Lines.]  When  the  commissioners  of 
high  ways  of  any  town  shall  disagree  with  the  commissioners  of  any  other  town  of  the 
same  county,  relating  to  the  laying  out  of  a  new  road  or  the  alteration  of  an  old  road, 
extending  into  both  towns,  or  when  the  commissioners  of  a  town  in  one  county  shall 
disagree  with  the  commissioners  of  a  town  in  another  county  relative  to  the  laying  out  of 
a  new  road  or  altering  an  old  road  which  shall  extend  into  both  counties,  the  commission¬ 
ers  of  both  towns  shall  meet  together  at  the  request  of  either  disagreeing  commissioner, 
and  make  their  determination  upon  such  subject  of  disagreement. 

Ibid.  §  85.  ©1.  Road  on  Town  Lines.]  Whenever  the  commissioners  of  highways 

of  any  town  receive  a  petition  praying  the  location  of  a  new  road,  alteration  or  discontinuing 
of  an  old  one,  upon  the  line  between  the  two  towns,  such  road  shall  be  laid  out,  altered 
or  discontinued  by  two  or  more  of  the  commissioners  of  highways  of  each  of  said  towns, 
either  upon  such  line  or  as  near  thereto  as  the  convenience  of  the  ground  will  admit ;  and 
they  may  so  vary  the  same,  either  to  the  one  or  to  the  other  side  of  such  line,  as  they  may 
think  proper.  The  petition  in  such  cases  shall  be  addressed  to  the  commissioners  of  the 
two  towns  jointly,  and  presented  to  each  in  duplicate. 

Ibid.  §  86.  OS.  Working  such  Roads.]  It  shall  be  the  duty  of  the  said  commis¬ 
sioners,  when  there  may  be  such  highway,  to  divide  it  into  two  or  more  road  districts  in 
such  manner  that  the  labor  and  expense  of  opening,  working  and  keeping  in  repair  such 
highway  through  each  of  the  said  districts,  may  be  equal  as  near  as  may  be,  and  to  allot 
an  equal  number  of  the  said  districts  to  each  of  the  said  towns. 

Ibid.  §  87.  OS.]  Each  district  shall  be  considered  as  wholly  belonging  to  the  town 
to  which  it  shall  be  allotted,  for  the  purpose  of  opening  and  improving  the  road  and  keep¬ 
ing  it  in  repair;  and  the  commissioners  shall  cause  such  highway,  and  the  petition  and 
allotment  thereof  to  be  recorded  in  the  office  of  town  clerk,  in  each  of  their  respect¬ 
ive  towns. 

Ibid.  §  88.  04.]  All  highways  heretofore  laid  out  upon  the  line  between  any  two 
towns,  shall  be  divided,  allotted,  recorded  and  kept  in  repair  in  the  manner  above  di¬ 
rected. 

Ibid.  §  89.  ©*5.  Road  on  State  Line.]  Highways  may  be  laid  out  and  opened 

upon  the  line  between  this  and  any  adjoining  state,  as  provided  in  the  five  preceding 
sections,  whenever  the  laws  of  such  adjoining  states  shall  be  applicable. 

Ibid.  §  90.  06.  Opening  a  Road  —  Notice  Required.]  Whenever  ihe  commis¬ 

sioners  of  highways  shall  have  laid  out  any  public  highway  through  any  inclosed,  culti¬ 
vated  or  improved  lands,  in  conformity  with  the  provisions  of  this  act,  and  their  determi¬ 
nation  shall  not  have  been  appealed  from,  they  shall  give  the  owner  or  occupant  of  the 
land  through  which  such  road  shall  have  been  laid,  60  days’  notice  in  writing  to  remove 
his  fences.  If  such  owner  does  not  remove  his  fences  within  60  days,  the  commissioners 
shall  cause  such  fences  to  be  removed,  and  shall  direct  the  road  to  be  opened  and  worked  ; 
and  such  owner  shall  forfeit  to  the  town  the  sum  of  50  cents  a  day  for  every  day  lie  shall 
permit  his  fence  to  remain  alter  the  expiration  of  said  60  clays. 


Superseded 


Township  Organization. 


Chap.  103d.  §§  97—104.  777 


Art.  XVII.  Roads,  Highways  and  Bridges. 

Ibid.  §  91.  HIT.  After  Appeal  Decided.]  If  the  determination  of  the  commis¬ 
sioners  shall  have  been  appealed  from,  then  the  60  days’  notice  shall  be  given  after  the 
decision  of  the  supervisors  upon  such  appeal  shall  have  been  filed  in  the  office  of  the 
town  clerk  of  the  town. 

Ibid.  §  92.  08.  Opened  within  Five  Years.]  All  highways  laid  out  by  order  of 
the  commissioners  or  supervisors,  on  appeal,  shall  be  opened  within  five  years  from  the 
time  of  laying  out  the  same.  If  not  opened  within  the  time  aforesaid  the  same  shall  be 
decreed  [deemed]  to  be  vacated. 

Ibid.  §  93.  OH.  Private  Roads.]  Private  roads  may  be  laid  out  by  the  commis¬ 
sioners  of  highways,  from  the  dwelling  or  plantation  of  individuals  to  any  public  road,  or 
from  one  public  road  to  another,  or  from  one  lot  of  land  to  another,  or  from  a  lot  of  land 
to  the  highway  ;  and  whenever  any  individual  desires  to  have  a  private  road  laid  out  as 
aforesaid,  such  individual  may  apply  to  the  commissioners  of  highways  to  lay  out  such 
private  road,  and  the  commissioners  shall  proceed  to  examine  into  the  merits  of  such  ap¬ 
plication,  and  be  governed  in  their  proceedings  by  the  rules  and  regulations  prescribed  in 
this  act  in  relation  to  public  roads.  The  damages  assessed  in  consequence  of  the  laying 
out  of  such  private  road,  shall  be  paid  by  the  person  applying  for  the  same,  and  when 
paid,  the  persons  applying  therefor,  their  heirs  and  assigns,  shall  have  the  right  to  open 
said  private  road,  and  shall  have  the  right  of  way  upon  the  same  forever  thereafter,  but 
not  to  be  converted  to  any  other  use  or  purpose  than  that  of  a  road. —  [This  section  is 
repugnant  to  §  8  Art.  13  of  the  constitution  of  1848.  Nesbitt  v.  Trumbo  et  al.,  39  Ill.  110.  Crear  v.  Cross- 
ley,  40  Ill.  175.  Lawrence,  J.  dissenting,  in  both  cases.  The  legislature  is  powerless  to  afford  the  means  by 
which  a  person  can  procure  the  right  of  way  over  another  person’s  lands  without  his  consent.  Nesbitt  v. 
Trumbo  et  al.,  39  Ill.  110.  Lawrence,  J.  dissenting. 

Laws  1851,  77.  17  Feb.  [1  Apr.~\  §  29.  lOO.  Width  of  Private  Road.]  *  * 
Private  roads  shall  not  be  more  than  three  rods  wide. 

Laics  1861,  264.  20  Feb.  [1  Apr.~\  §  94.  10®.  Injuries  and  Obstructions.]  If 

any  person  shall  obstruct  any  public  highway,  by  falling  a  tree  or  trees  across  the  same, 
by  encroaching  upon  or  fencing  up  the  same,  or  by  placing  any  other  obstruction  therein, 
or  by  digging  a  ditch  across  the  same,  he  shall  forfeit  to  the  town  for  every  such  offense,  a 
sum  not  exceeding  $10.,  and  a  sum  not  exceeding  $1.  for  every  day  he  shall  suffer  such 
obstruction  to  remain  after  he  shall  have  been  ordered  to  remove  the  same  by  a  commis¬ 
sioner  or  overseer  of  highways  of  the  town  :  Provided ,  that  this  section  shall  not  be  con¬ 
strued  to  extend  to  any  person  who  shall  lawfully  cut  down  any  tree  for  use,  and  who 
shall  immediately  remove  the  same  out  of  the  road,  nor  to  any  person  through  whose  land 
a  highway  shall  run,  who  shall  dig  a  ditch  or  drain  across  such  highway  and  shall  keep  the 
same  in  good  repair. 

Ibid.  §  95.  Injuring  Bridge  or  Guide  Board.]  Any  person  who  shall  pur¬ 

posely  remove  any  plank  or  timber  from  any  bridge  or  causeway  on  any  public  highway, 
such  person  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  liable  to  indictment 
therefor,  and  punished  by  imprisonment  not  exceeding  six  months,  and  shall  also  forfeit 
to  the  town  a  sum  not  less  than  $5.  nor  exceeding  $100. ;  and  any  person  who  shall  de¬ 
stroy  or  deface  any  guide  board,  post  or  mile  stone  on  any  public  highway,  he  shall  forfeit 
to  the  town  a  sum  of  not  less  than  $5.  nor  more  than  $25. 

Ibid.  §  96.  1©S.  Actions  for  Penalties.]  All  penalties  andk  forfeitures  provided 

in  and  by  this  act,  where  the  same  shall  not  exceed  $100.,  may  be  sued  for  and  recovered 
before  any  justice  of  the  peace  of  the  proper  county,  upon  whom  jurisdiction  in  such 
cases,  is  hereby  conferred,  and  all  proceedings  for  the  recovery  of  any  such  penalty  or  for¬ 
feiture  shall  be  in  the  name  of  the  town  to  which  the  same  shall  be  forfeited,  unless  other¬ 
wise  provided  by  this  act. 

Ibid.  §  97.  1©4.  Who  may  bring  Suit.]  In  all  cases  where  a  penalty  or  forfeiture 

shall  be  incurred  by  any  person  under  the  provisions  of  this  act,  and  no  prosecution  foi 
the  same  shall  be  commenced  by  the  town  to  which  the  same  shall  be  due,  or  by  the 
officer  or  agent  whose  duty  it  is  to  prosecute  for  the  same,  within  60  days  from  the  time 
such  penalty  or  forfeiture  shall  be  incurred,  the  same  may  be  sued  for  by  any  elector  of 
the  town,  in  an  action  qui  tarn,  one-half  of  the  amount  recovered  to  be  paid  to  the  person 
who  shall  sue  therefor  and  the  other  half  to  the  town. 


* 


Chap.  103d.  §§  1 — 7.  778  Township  Organization. 

Art.  XVIII.  Miscellaneous  Provisions. 


ART.  XVIII.  MISCELLANEOUS  PROVISIONS. 


§  1.  The  Election  Precincts. 

§  2.  Of  Suits  for  Taxes. 

§  3.  A  bandoning  T.  Organization. 
§  4.  Time  of  the  Change. 


§  5.  New  Officers  Elected. 

§  6.  First  Commissioners  of  Highways. 
§  7.  Terms  Fixed  by  Lot. 

§  8.  Commissioner  Not  Attending. 


Laws  1861,  265.  20  Feb.  [1  Apr .]  §  1.  1.  Election  Precincts.]  Each  town,  act* 

ing  under  township  organization,  shall  constitute  an  election  precinct,  and  the  supervisor, 
assessor  and  collector  shall  be,  ex  officio,  judges  of  elections.  [Judges  of  elections  elected, 
Ch.  37  §  96.]  The  supervisor,  or  in  case  of  his  absence,  the  town  clerk  shall  post  up 
notices  of  general  elections,  in  like  manner  as  is  now  required  of  sheriffs  and  county  clerks 
under  the  general  laws  of  this  state,  in  counties  not  adopting  township  organization.  The 
place  of  holding  elections  shall  be  at  some  central,  and  convenient  place  in  the  town,  to 
be  fixed  by  the  supervisors  or  town  clerk,  as  the  case  may  be. 

Ibid.  §  2.  S.  Suits  for  Taxes.]  The  county  judge  sitting  as  a  county  court,  with¬ 
out  associates,  in  counties  acting  under  township  organization,  shall  have  the  same  juris¬ 
diction  of  suits  brought  by  collectors  for  taxes  on  delinquent  lands  and  town  lots  as  the 
county  courts  have  under  existing  laws ;  and  all  acts  of  county  courts  heretofore  done  in 
suits  for  taxes  on  delinquent  lands  and  town  lots,  are  hereby  legalized. 

Ibid.  §  4.  3.  Abandoning  Township  Organization.]  Upon  the  petition  of  50 

legal  voters  of  any  county  acting  under  township  organization,  it  shall  be  the  duty  of  the 
county  clerk,  upon  the  filing  of  such  petition  with  him,  to  cause  notices  to  be  posted  up 
in  three  of  the  most  public  places  in  each  town  of  such  county,  at  least  20  days  previous 
to  the  next  annual  town  meeting,  that  the  question  of  township  organization  under  this 
act  will  be  voted  upon.  At  such  meeting  said  vote  shall  be  taken  by  ballot,  to  be  written 
or  printed,  or  partly  written  and  partly  printed,  For  township  organization,  or  Against 
township  organization,  and  shall  be  canvassed  and  returned  in  like  manner  as  votes  for 
state  and  county  officers. 

Ibid.  §  5.  4.  Time  of  the  Change.]  If  it  shall  appear,  by  the  returns  of  said  elec¬ 

tion,  that  a  majority  of  all  the  voters  voting  at  such  election  have  voted  against  township 
organization,  then  the  county  so  voting  shall  cease  to  act  under  such  organization,  from  and 
after  the  election  and  qualification  of  such  county  officers  as  are  provided  for  in  such 
counties  as  have  never  adopted  township  organization. 

Ibid.  §  6.  5.  New  Officers  Elected.]  At  the  next  general  election  after  the 

voters  of  any  such  county  have  determined  against  township  organization,  there  shall  be 
an  election  for  all  the  officers  required  by  law  in  counties  that  have  never  adopted 
township  organization,  except  such  officers  as  may  have  been  previously  elected  and  are 
entitled  to  hold  over ;  and  notice  of  such  election  shall  be  given  as  is  now  provided  by 
law. 

Ibid.  §  7.  G.  First  Commissioners  of  Highways.]  At  the  first  town  meeting  in' 
each  town,  under  this  act,  in  counties  that  have  or  may  hereafter  adopt  township  organ¬ 
ization,  there  shall  be  elected  three  commissioners  of  highways,  one  of  which  shall  hold 
his  office  for  one  year,  one  for  two  years,  and  one  for  three  years.  Said  commissioners 
shall  meet  at  the  office  of  the  town  clerk,  at  a  day  and  hour  to  be  fixed  by  said  clerk, 
within  10  days  after  the  town  meeting,  of  which  he  shall  give  each  commissioner  three 
days’  notice,  when  and  where  said  commissioners  shall  meet  to  determine  their  respective 
terms  of  office. 

Ibid.  §  8.  7,  Terms  Fixed  by  Lot.]  At  such  time  and  place,  the  town  clerk  shall 

prepare  three  separate  pieces  of  paper,  as  near  alike  as  practicable,  on  the  first  of  which 
shall  be  written  the  number  1,  on  the  second  the  number  2,  and  on  the  third  the  number 
3,  and  he  shall  cause  them  to  be  folded  up  alike,  as  near  as  practicable,  and  deposited  in 
a  box  ;  and  the  persons  elected  commissioners  shall  severally  draw  one  of  the  said  pieces 
of  paper,  and  the  term  of  office  of  each  [of]  such  commissioners  shall  be  determined  by 
such  drawing,  and  each  shall  hold  his  office  for  the  number  of  years  corresponding  with 
the  number  by  him  drawn.  , 


Chap.  103d.  8  8. 


779 


Township  Organization. 


Art.  XVIII.  Miscellaneous  Provisions. 

Ibid.  §  9.  8.  Commissioner  not  Attending.]  If  any  person  elected  a  commissioner 

shall  neglect  to  attend  at  the  time  and  place  specified  in  the  preceding  section,  the  town 
clerk  shall  select  some  qualified  elector  of  the  town  to  draw  for  said  commissioner,  in  the 
manner  prescribed  in  the  preceding  section  ;  and  the  number  drawn  by  such  elector  shall 
be  a  lawful  determination  of  the  term  of  office  of  said  commissioner. 


NOTE. 

In  the  article  on  “  Roads,  Highways  and  Bridges  ”  we  have  endeavored  to  mark  the 
sections  repealed  by  the  Road  Law  of  1872,  or  superseded  by  the  Township  Organization 
acts  of  the  same  session.  But  the  result  is  very  unsatisfactory.  There  is  much  more  re¬ 
pealed  than  is  so  marked.  Just  how  much  more,  it  seems  difficult  to  say.  The  confusion 
on  this  subject  produced  by  all  the  amendments  from  1845  to  1869  was  not  so  bewilder¬ 
ing  as  the  present  chaos. 


430 


TOWNSHIP  ORGANIZATION. 


II.  Power  of  Towns. 

§  4.  Sale  of  Real  Estate. 

§  5.  Manner  of  Selling. 

§  6.  Execution  of  the  Deeds. 

IV.  Power  of  the  Electors. 

§  2.  List  of  Officers  Chosen. 

Former  Special  Acts  Repealed. 
XIV.  Board  of  Supervisors. 

§  1.  Annual  and  Special  Meetings. 

XVII.  Hoads,  Highways  and  Bridges. 
§  56.  Examination  by  the  Commissioners. 
§  62.  Damages  for  Opening  Road. 
Hearing  by  the  Jury. 

Mode  of  Assessing  Damages. 


§  81.  Hearing  before  three  Supervisors. 

§  99.  Opening  Private  Roads. 

§  100.  Roads :  All  Declared  Public. 

Bridge  between  Towns. 

§  105.  Petition  of  12  Freeholders. 

§  106.  Estimate :  Expenses :  Apportionment. 
§  107.  Notice  of  an  Election. 

§  108.  Voting  on  Bridge  Question. 

§  109.  Ratification  :  Joint  Contract. 

§  110.*  Tax  Levied :  Bonds  Issued. 

§  111.  Form  of  Such  Bonds. 

§  112.  Bonds  Negotiated :  Proceeds  Used. 

§  113.  New  Official  Bond  Required. 

§  114.  Control  of  the  Bridge. 


ART.  II.  POWER  OF  TOWNS. 


An  act  to  authorize  towns  to  sell  and  convey  real  estate.  Approved  2  April  1872.  In  force  1  July  1872. 


4.  Sale  of  Real  Estate.]  §  1.  The  legal  voters  of  any  town  organized  under  the 
township  organization  law  which  owns  real  estate  in  its  corporate  capacity,  may,  by  the 
adoption  of  resolutions  to  that  effect,  at  the  time  appointed  for  the  transaction  of  the  general 
business  of  the  town  at  the  annual  town  meeting,  authorize  the  supervisor  to  sell  and  con¬ 
vey  any  such  real  estate  of  the  town  not  deemed  necessary  for  public  use,  upon  such  terms 
and  conditions  as  may  be  prescribed  in  such  resolution ;  and  may  authorize  the  proceeds  of 
such  sale  to  be  applied  to  such  corporate  purposes  as  may  be  deemed  expedient. 

*>.  Manner  of  Selling.]  §  2.  Whenever  such  sale  is  so  authorized  the  supervisor 
may  sell  such  real  estate,  in  behalf  of  the  town,  at  public  vendue,  to  the  highest  bidder  for 
cash,  or  upon  credit,  as  he  may  have  been  directed  at  the  town  meeting,  after  having  given 
at  least  three  weeks’  notice  of  the  time,  place  and  terms  of  such  sale,  by  posting  not  less 
than  five  notipes  thereof  at  public  places  within  the  town,  and  by  causing  a  cojiy  of  such 
notice  to  be  published  in  some  newspaper  published  within  the  county. 

6.  Execution  of  Deeds.]  §  3.  The  supervisor  shall  have  power  to  make  and  exe¬ 
cute,  in  behalf  of  the  town,  all  necessary  deeds  to  carry  such  sale  into  effect,  and  to  sign 
such  deeds  in  his  official  capacity,  and  affix  thereto  the  corporate  seal  of  the  town  (if  any), 
and  if  the  town  has  no  corporate  seal,  then  to  affix  a  scroll  to  such  deeds  in  the  place  of  a 
seal.  Any  deed  so  executed  in  pursuance  of  such  sale,  shall  convey  to  the  purchaser  all  the 
right  and  title  of  the  town  in  and  to  the  lands  therein  described ;  and  the  recitals  in  such 
deed  showing  the  authority  of  the  supervisor  to  make  the  same,  in  compliance  with  the  pro¬ 
visions  of  this  act,  shall  be  prima  facie  evidence  of  the  facts  therein  recited,  showing  such 
authority. 


ART.  IV.  TOWN  MEETINGS :  POWER  OF  ELECTORS. 


An  act  to  amend  the  law  concerning  township  organization.  Approved  12  April  1871.  In  force  1  July  1871- 

§  1.  Section  2  of  article  iv.  of  “An  act  entitled  ‘An  act  to  reduce  the  act  to  provide 
for  township  organization,’  and  the  several  acts  amendatory  thereof,  into  one  act,  and  to 
amend  the  same,”  approved  20  February,  1861,  *  *  is  hereby  re-enacted,  and  the  pro¬ 
visions  thereof  extended  to  each  and  every  county  of  the  state  which  has  adopted  town¬ 
ship  organization,  any  special  or  local  law  to  the  contrary  notwithstanding.  Said  section 
is  as  follows  :  — 


Chap. 


431 


Township  Organization 


XVII.  Roads,  Highways  and  Bridges. 

£5.  Officers  to  be  Chosen.]  §  2.  There  shall  be  chosen,  at  the  annual  town  meeting 
in  each  town,  one  supervisor,  one  town  clerk,  one  assessor,  one  collector,  one  commissioner 
of  highways,  two  constables,  two  justices  of  the  peace,  as  many  overseers  of  highways  as 
there  are  road  districts  in  the  town,  and  so  many  pound-masters  as  the  electors  may 
determine  :  Provided ,  that  justices  of  the  peace  and  constables  shall  be  elected  only  once 
in  four  years,  except  to  fill  vacancies  ;  and  such  justices  and  constables  shall  be  succes¬ 
sors  to  precinct  justices  and  constables  :  Provided  further,  that  any  town  having  800  or 
more  legal  voters  shall  be  entitled  to  elect  one  additional  supervisor,  styled  assistant 
supervisor. 

An  act  entitled  “  An  act  to  change  the  time  of  electing  certain  officers  in  a  county 
therein  named,”  approved  28  February  1867,  which  applies  to  Wayne  county,  and  an 
act  entitled,  “  An  act  to  reduce  the  number  of  supervisors  in  Clay  county,”  approved  8 
March  1869,  and  all  other  acts  in  conflict  herewith,  are  hereby  repealed ;  but  nothing 
herein  is  intended  to  repeal  any  local  or  special  law  providing  for  the  election  of  super¬ 
visors  as  members  of  the  county  board,  in  incorporated  towns  and  cities. 


ART.  XIV.  THE  BOARD  OF  SUPERVISORS. 

§  2.  Section  1  of  article  xiv.  of  an  act  entitled  “An  act  to  reduce  the  act  to  provide 
for  township  organization,  and  the  several  acts  amendatory  thereof,  into  one  act,  and  to 
amend  the  same,”  approved  20  February  1867,  *  *  is  hereby  amended  so  as  to  read 

as  follows  : 

1.  Annual  and  Special  Meetings.]  §  1.  The  county  boards  of  the  several  coun¬ 
ties  in  this  state  that  have  or  may  adopt  township  organization,  shall  be  composed  of  the 
supervisors  and  assistant  supervisors  of  the  organized  townships  thereof,  and  supervisors 
of  incorporated  towns  and  cities.  Such  supervisors  shall  meet  annually  in  their  respective 
counties,  for  the  dispatch  of  business  as  a  board  of  supervisors  ;  they  may  also  hold  special 
meetings  at  such  times  and  places  as  they  may  find  convenient,  and  shall  have  power  to 
adjourn  from  time  to  time,  as  they  may  deem  necessary. 

ART.  XVII.  ROADS,  HIGHWAYS  AND  BRIDGES. 

An  act  to  amend  the  law  concerning  township  organization.  Approved  31  Jan.  1872.  In  force  1  July  1872. 

§  1.  Section  53  of  article  xvii.  of  “  An  act  to  reduce  the  act  to  provide  for  township  or¬ 
ganization,  and  the  several  acts  amendatory  thereof,  into  one  act,  and  to  amend  the  same,” 
ajiproved  20  February  1861,  *  #  is  hereby  amended  so  as  to  read  as  follows  :  — 

Examination  by  the  Commissioners.]  §  53.  Whenever  the  commissioners  of 
highways  shall  receive  a  petition  in  compliance  with  the  two  preceding  sections,  they  shall, 
or  a  majority  of  them,  within  20-  days  after  the  expiration  of  the  20  days  required  in  §  52 
of  this  article,  personally  examine  the  proposed  alteration,  discontinuance  or  route  for  the 
new  road  proposed  to  be  laid  out,  and  shall  hear  any  reasons  that  may  be  offered  for  or 
against  altering,  discontinuing  or  laying  out  the  same.  If  they  shall  be  of  the  opinion  that 
such  alteration,  discontinuance  or  laying  out  shall  be  necessary  and  proper,  and  that  the 
public  interest  will  be  promoted  thereby,  they  shall  grant  the  prayer  of  the  petitioners,  as 
hereinafter  provided. 

*§  2.  Section  56  of  article  xvii.  of  the  above  mentioned  act  *  *  is  hereby  amended,  so  as 
to  read  as  follows  :  — 

03.  Damages  for  Opening  or  Altering.]  §  56.  The  damages  sustained  by  reason 
of  the  laying  out,  or  opening,  or  altering  any  road,  may  be  ascertained  by  the  agreement  of 
the  owners  and  the  commissioners  of  highways,  and  unless  such  agreement  be  made,  or  the 
owners  of  the  land  shall,  in  writing,  release  all  claims  to  damages,  the  same  shall  be  assessed 
in  the  manner  hereinafter  prescribed  before  such  road  shall  be  opened,  or  worked,  or  used. 
Every  agreement  and  release  shall  be  filed  in  the  town  clerk’s  office,  and  shall  forever  pre¬ 
clude  the  owners  of  such  lands  from  all  further  claims  for  such  damages.  In  case  the  com¬ 
missioners  of  highways  and  owners  of  lands  claiming  damages  cannot  agree,  it  shall  be  the 
duty  of  the  commissioners  to  apply  to  a  justice  of  the  peace  of  the  town  for  the  selection 


Chap. 


432 


Township  Organization. 


XVII.  Roads,  Highways  and  Bridges. 

7  O  J  O 

of  a  jury  to  assess  such  damages.  The  commissioners  shall  give  at  least  three  days’  notice 
of  such  application,  stating  the  time  when,  and  the  justice  to  whom,  the  same  will  be  made, 
by  leaving  a  copy  thereof  at  the  residence  of  the  owner  or  occupant  of  the  land  ;  if  the 
land  is  unoccupied,  then  b}?-  posting  notices  in  three  public  places  of  the  town  for  at  least 
three  days  previous  to  such  application. 

II  earing  by  ti4k  Jury.]  When  application  is  made  to  the  justice  as  aforesaid,  he  shall 
issue  a  summons  for  a  jury  of  six  persons  (or  twelve,  if  a  less  number  be  objected  to  by 
either  party  before  the  precept  is  issued),  having  the  qualification  of  jurors,  to  appear  before 
such  justice  at  a  time  to  be  fixed  by  him,  not  less  than  five  days  nor  more  than  ten  days 
from  the  time  such  application  was  presented  to  him  to  assess  such  damages,  which  may  be 
served  by  any  constable  of  the  town,  or  by  any  person  whom  said  justice  may  designate. 
The  jury  shall  be  sworn  by  the  justice  to  discharge  their  duties  faithfully  and  impartially 
as  such  jury.  After  being  sworn,  the  jury  shall  hear  such  lawful  evidence  touching  the 
question  of  damages  as  may  be  presented  to  them,  and -shall  also,  in  a  body,  visit  and  ex¬ 
amine  the  lands  in  question,  and  assess  the  damages  at  what  they  may  deem  just  and  right 
to  each  individual  claimant  with  whom  the  commissioners  of  highways  could  not  agree,  and 
make  a  statement  thereof  in  writing,  and  deliver  the  same  to  the  justice,  which  he  shall 
deposit  with  the  town  clerk,  who  shall  note  the  time  of  filing  the  same. 

Mode  of  Assessing  Damages.]  The  jury,  in  assessing  the  damages,  shall  estimate  the 
special  advantages  and  benefits  the  new  road  or  alteration  of  an  existing  road,  will  confer 
on  the  owners  of  the  land  in  question,  as  well  as  the  disadvantages  and  damages  that  will 
be  occasioned  thereby  ;  but  shall  not  estimate  any  benefits  or  advantages  which  may  accrue 
in  common  with  adjoining  lands  on  which  said  road  does  not  pass.  In  case  the  jury  cannot 
agree  on  the  amount  of  damages  in  a  reasonable  time,  the  justice  may  discharge  the  same 
and  issue  a  summons  for  a  new  jury,  and  fix  the  time  and  place  of  meeting,  and  proceed  in 
the  same  manner  as  if  no  other  jury  had  been  impaneled  in  the  case,  of  which  all  parties 
interested  shall  take  notice.  The  justice,  constable  and  jury  shall  be  entitled  to  the  same 
fees  they  are  entitled  to  for  like  services  in  other  cases,  and  the  commissioners  of  highways 
shall  certify  to  the  expenses  necessarily  incurred  by  the  jury  in  going  to  and  viewing  the 
grounds,  which  expenses  and  costs  shall  be  paid  by  the  town  authorities. 

§  3.  Section  75  of  article  xvii.  of  the  act  above  mentioned  *  *  is  hereby  amended,  so  as 
to  read  as  follows  : 

81.  Hearing  before  three  Supervisors.]  §  75.  It  shall  be  the  duty  of  the  supervisors 
to  convene  at  the  time  and  jdace  mentioned  in  the  notice,  and  to  hear  the  proofs  and  allega¬ 
tions  of  the  parties.  They  shall  have  power  to  issue  process  to  compel  the  attendance  of 
witnesses,  and  may  adjourn  from  time  ro  time,  as  may  be  necessary.  Their  decision,  or  that 
of  any  two  of  them,  shall  embrace  only  the  question  of  the  propriety  and  expediency  of 
locating,  altering  or  discontinuing  the  road. 

§  4.  Section  93  of  article  xvii.  of  the  above  mentioned  act  *  *  is  hereby  amended,  so  as 
to  read  as  follows  : 

99.  Private  Roads.]  §  93.  Roads  for  private  and  public  use,  of  the  width  of  three 
rods  or  less,  may  be  laid  out  from  the  dwelling  or  plantation  of  an  individual,  to  any  public 
road,  or  from  one  public  road  to  another,  or  from  one  lot  of  land  to  another,  or  from  a  lot 
of  land  to  the  highway,  .on  petition  to  the  commissioners  of  highways,  by  any  jaerson  directly 
interested.  The  commissioners,  on  receiving  such  petition,  shall  have  power  to  lay  out  the 
road,  as  asked  for  therein,  to  which  end  they  shall  proceed  and  examine  into  the  merits  of 
the  case,  and  shall  be  governed  in  their  proceedings  by  the  rules  and  regulations  prescribed 
in  this  act  in  relation  to  public  roads.  The  jury  shall  consider  the  question  of  benefits  and 
damages  that  may  result  to  parties  from  said  proposed  road,  and  shall  assess  the  damages  to 
each  individual  owner  of  lands  affected  thereby.  The  amount  of  such  damages  shall  be 
paid  by  the  persons  benefited  thereby  to  the  extent  and  in  proportion  that  they  are  bene¬ 
fited,  to  be  determined  and  declared  by  the  jury.  The  remainder  of  the  amount  of  damages 
over  and  above  that  to  be  paid  by  the  parties  as  aforesaid,  shall  be  paid  by  the  town  as  in 
other  cases.  The  amount  of  damages  to  be  paid  by  individuals  shall  be  deposited  with  the 
supervisor  of  the  town,  for  the  persons  entitled  thereto,  before  the  road  shall  be  opened  for 
use.  An  appeal  may  be  taken  on  the  question  of  the  propriety  and  necessity  of  such  road, 
as  in  other  cases. 

199.  Public  Highways.]  §  5.  All  roads,  highways  and  bridges,  now  in  use  by  the 
public  as  highways,  are  hereby  declared  to  be  public  highways  of  the  town  in  which  they 
are  situated. 


Chap. 


Township  Organization. 


§§  105—111.  433 

XVII.  Roads,  Highways  and  Bridges. 


An  act  to  provide  for  the  erection  and  maintenance  of  bridges  by  two  or  more  towns.  Approved  22  March  1872. 

In  force  1  July  1872.  This  act  appears  to  be  an  enlargement  of  the  earlier  provisions  on  the  same  subject. 

See  Vol.  1,  767  §§  19  and  20. 

Petition  for  a  Bridge.]  §  1.  'Whenever  the  supervisors  of  two  or  more  towns 
in  counties  organized  under  the  township  organization  law,  shall  be  petitioned  by  12  legal 
voters  who  are  freeholders  residing  within  each  town,  praying  for  the  erection  and  main¬ 
tenance  of  a  bridge  in  either  or  any  of  such  towns,  in  which  petition  shall  be  designated 
the  place  where  the  same  shall  be  constructed,  it  shall  be  the  duty  of  such  supervisors  to 
make  an  estimate  of  the  expense  which  may  be  incurred  in  the  erection  of  such  bridge,  and 
to  agree  among  themselves  as  to  what  proportion  of  such  expense  it  would  be  equitable 
and  just  that  each  of  such  towns  should  bear  and  sustain  in  the  erection  of  such  bridge. 

106.  Estimate  :  Expenses  :  Apportionment.]  §  2.  In  case  the  supervisors  can  so 
agree,  it  shall  be  their  duty  to  make  out,  in  writing,  such  estimate  of  the  total  expense  of 
building  such  bridge  as  in  the  petition  set  forth,  and  general  character  of  such  proposed 
bridge,  and  the  proportion  of  such  expense  to  be  assigned  to  each  town,  and  to  deliver  a 
copy  thereof,  signed  by  all  of  such  supervisors,  to  each  of  such  supervisors  so  concurring 
therein,  and  each  supervisor  to  whom  such  copy  is  delivered  shall  deposit  the  same  with  the 
town  clerk  of  his  town. 

167.  Notice  of  Election.]  §  3.  It  shall  be  the  duty  of  the  town  clerk  to  include  in 
the  notice  of  the  next  annual  town  meeting,  a  statement  that  the  question  will  be  submitted, 
at  such  town  meeting,  whether  such  town  will  contribute  the  proportion  of  the  expense  so 
assigned  such  town  towards  the  erection  of  such  bridge. 

168.  Voting  on  the  Bridge.]  §  4.  At  the  regular  town  meeting  in  each  of  such 
towns,  the  qualified  voters  therein  may  each  cast  a  ballot  in  the  following  form:  “  For  appro¬ 
priation  to  build  bridge,”  or  “Against  appropriation  to  build  bridge.”  If  a  majority  of  the 
votes  cast  on  the  question  in  each  of  said  towns  shall  be  for  such  appropriation,  then  the 
agreement  as  to  the  proportion  of  such  expense  which  each  of  such  towns  should  so  sustain 
for  such  purpose,  shall  be  deemed  to  be  ratified  by  and  obligatory  upon  such  towns  respect¬ 
ively  :  Provided ,  that  if  the  proposition  so  submitted  fails  to  receive  a  majority  of  the 
votes  cast  on  the  question,  in  any  of  such  towns,  the  same  shall  not  be  obligatory  upon  any 
or  either  of  such  towns :  Provided  further ,  that  if  the  supervisor  or  supervisors  of  any 
such  town  or  towns,  shall,  at  any  time  thereafter,  deem  it  proper  or  expedient  to  submit  the 
question  again  to  a  vote  of  such  town  or  towns,  as  provided  in  and  by  this  act,  it  shall  and 
may  be  lawful  so  to  do. 

160.  Ratification:  Joint  Contract.]  §5.  In  case  such  proposition  is  ratified  in  all 
of  the  towns  to  which  the  same  shall  be  so  submitted,  the  supervisors  (and  assistant  super¬ 
visors,  if  any)  of  such  towns  shall  collectively  constitute  a  board,  which  shall  be  authorized 
to  erect  such  bridge  and  to  make  all  necessary  contracts  therefor,  in  behalf  of  such  towns, 
as  shall  so  unite  for  that  purpose,  and  the  expense  of  erecting  such  bridge  shall  be  borne  by 
such  towns  respectively,  in  proportion  to  the  amount  of  such  expense  so  assigned  to  and 
ratified  by  such  towns  as  aforesaid,  but  such  board  may  make  joint  contracts  in  behalf  of  all 
such  towns,  in  writing,  for  the  erection  of  such  bridge :  Provided ,  that  no  such  contract 
shall  be  binding  unless  concurred  in  by  a  majority  of  the  board. 

It®.  Tax  Levied:  Bonds  Issued.]  §  6.  Any  town  so  voting  to  bear  a  portion  of 
the  expense  of  building  such  bridge,  may  levy  a  tax  to  raise  the  whole  amount  so  assigned 
to  such  town,  or  any  part  thereof,  in  any  one  year  ;  or,  when  so  directed,  by  a  vote  of  the 
town,  at  any  annual  or  special  town  meeting,  the  supervisor  thereof  may  issue  bonds 
of  such  town  for  the  whole  or  any  portion  of  the  amount  of  such  appropriation,  which 
bonds  shall  be  payable  at  such  times  and  bear  such  interest  as  may  be  determined  by  a 
vote  of  the  town  meeting  authorizing  the  same  to  be  issued :  Provided ,  that  no  such  bonds 
shall  run  for  a  greater  period  than  five  years :’  And  provided  further ,  that  such  super¬ 
visors  shall  not  negotiate,  sell,  or  in  any  way  dispose  of  any  one  or  more  of  said  bonds  for 
less  than  90  cents  on  the  dollar,  of  each  and  every  dollar  for  which  they  are  issued,  nor 
shall  such  bonds  draw  a  greater  rate  of  interest  than  10  per  cent,  per  annum. 

Iff.  Form  of  Bonds.]  §  7.  Whenever  any  such  bonds  shall  be  so  issued,  the  same 
shall  be  signed  by  the  supervisor  and  town  clerk  of  the  town,  in  tjieir  official  capacity,  and 
shall  contain  on  their  face  a  reference  to  the  vote  of  the  town  authorizing  the  same  to  be 
issued. 


23 


Chap. 


Township  Organization. 


§§  112—114.  434 

XVII.  Roads,  Highways  and  Bridges. 

112.  Bonds  Negotiated:  Proceeds  Used.]  §8.  The  supervisor  of  each  town 
shall  have  the  authority  to  negotiate  such  bonds  in  behalf  of  the  town,  as  provided  in  §  6 
and  to  use  the  proceeds  thereof,  and  any  money  that  may  be  raised  by  tax  for  that  purpose, 
in  paying  the  proportion  of  the  expense  of  building  such  bridge  assigned  to  his  town  in  the 
manner  aforesaid. 

113.  New  Official  Bond.]  §  9.  Before  receiving  any  such  funds  or  bonds  the 
supervisor  shall  give  a  bond  to  the  town,  in  a  sufficient  penalty  to  cover  the  amount  of  all 
such  bonds  and  funds,  with  sureties,  to  be  approved  by  the  commissioners  of  highways, 
conditioned  for  the  faithful  appropriation  of  such  bonds  or  funds  to  the  purpose  for  which 
the  same  was  voted  by  the  town. 

114.  Control  of  the  Bridge.]  §  10.  After  any  such  bridge  shall  be  so  built,  the 
same  shall  remain  in  the  control  of  the  supervisors  of,  and  be  maintained  and  kept  in  re¬ 
pair  by,  the  towns  so  contributing  towards  the  erection  thereof,  and  each  of  such  towns 
shall  contribute  towards  such  maintenance  in  the  same  proportion  as  it  voted  toward  such 
erection  of  the  bridge :  Provided ,  that  if  any  town,  other  than  the  town  or  towns  in  which 
the  bridge  is  located,  shall  vote,  at  any  annual  town  meeting,  that  it  will  no  longer  con¬ 
tribute  towards  the  maintenance  of  such  bridge,  it  shall  thereafter  be  relieved  from  such 
obligation,  and  shall  no  longer  participate  in  the  control  of  such  bridge. 


•  * 


>• 


. 


* 


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. 


. 


' 


FORMS. 


In  order  that  these  Forms  may  be  instantly  available  for  practical  use  by  any  person , 
whether  familiar  with  the  arrangement  of  the  law  or  not ,  a  careful  synopsis  of  them  alb  in 
the  order  in  which  they  are  afterwards  printed ,  is  here  presented.  When  the  reader  desires 
to  refer  from  this  list  to  the  Law,  let  him  observe  the  Article  under  which  any  particular 
Form  is  required ,  and  the  black  figures  on  the  left  show  the  very  section  of  the  law ,  in  that 
Article.  But  if  he  desires  to  turn  to  the  Form  itself  the  figures  on  the  right  denote  the  page 
where  it  will  be  found.  So  too,  in  connection  with  each  Form  is  given  the  page  and  section 
of  the  law  under  which  it  is  needed . 


LIST  OF  FORMS. 


- * - 

TOWNSHIP  ORGANIZATION. 

I 


ART.  I.  PROCEEDINGS  TO  ADOPT. 

.  PAGE 

2.  Petition  for  a  Vote  on  Township  Organization  .......  6 

9.  Report  on  the  Division  of  the  County  into  Towns  .....  6 

£0.  Notice  for  the  First  Town  Meeting  .  .  .  .  .  .  .  .  6 


ART.  III.  ALTERING  BOUNDARIES  AND  DIVISIONS  OF  TOWNS. 


2,  Notice  for  Town  Meeting  after  default  of  Annual  Meeting  ....  6 

4L.  Agreement  in  case  of  Division  of  Town  ........  7 

Deed  of  Real  Estate  where  a  Town  is  divided  ......  7 

6.  Record  of  Proceedings  on  Division  of  Town  .......  7 

7.  Notice  to  Officers  in  case  of  Division  or  Alteration  of  Town  ...  8 


ART.  IV.  TOWN  MEETINGS  — POWER  OF  ELECTORS. 


1.  Notice  for  Annual  Town  Meeting  .  .  .  .  .  .  .  .  * .  8 

5,  clause  8.  By-Laws  prohibiting  Stock  from  running  at  large  ....  8 

Violation  thereof — Complaint  by  Pound  Master  ....  8 

- Notice,  where  the  Owner  is  Known  .....  9 

- Notice,  where  the  Owner  is  Unknown  .....  9 

- Docket  Entry,  made  by  the  Justice  .....  9 

- Order  to  the  Pound  Master  to  Sell  .  .  ...  9 

7.  - Notice  of  Sale  by  the  Pound  Master  ....  10 

9.  Statement  for  a  Special  Town  Meeting  ........  10 

Notice  for  a  Special  Town  Meeting . 10 

'  ART.  V.  CONDUCTING  TOWN  MEETINGS. 

2.  Oath  of  Moderator  of  Town  Meeting . 11 


3.  Minutes  of  the  Proceedings  of  a  Town  Meeting  .  .  .  .  .  .  11  * 

19.  Oath  to  be  taken  by  any  Person  challenged  at  an  Election  .  .  .  .  11 

-  Additional  Oath  respecting  Residence  .  .  .  .  .  .  .11 


— - Oath  of  the  Two  Witnesses  .  .  .  .  .  .  .  .  12 

15.  Proclamation  for  Opening  the  Polls  at  Town  Meeting  .  .  .  .  .12 

-  For  Adjournment  of  the  Polls  ........  12 

- For  Opening  the  Polls  after  Adjournment  .  .  .  .  .  .12 

17.  Poll  List  at  a  Town  Meeting  .........  12 

22*  Statement  of  the  Result  of  the  Canvass  of  the  Votes  ....  12 

Notice  in  case  of  a  Tie  Vote  .........  12 

■ - Memorandum  of  the  Decision  .  .  .  .  ...  .  .12 

.  .  .  .  .  .  13 


22.  Notice  to  Person  Elected  at  Town  Meeting  . 


LIST  OF  FORMS. 


3 


ART.  VI.  QUALIFICATION  AND  TENURE  OF  OFFICE. 


PAGE 

2*  Oath  of  a  Town  Officer  . . .13 

Certificate  of  the  Supervisor’s  Election  .  .  .  .  .  .  .  13 

#>.  Acceptance  of  Office  by  Pound  Master  or  Overseer  of  Highways  .  .  .13 

6.  Bond  of  a  Town  Collector  .  .  ........  13 

7 .  Approval  thereof ;  to  be  Indorsed  thereon  .  .  .  .  .  .  .13 

O.  Constable’s  Bond  ...........  13 

10.  App  roval  thereof ;  to  be  Indorsed  thereon  .  .  .  .  .  .  .14 

10.  Oath  on  going  out  of  Office . .  .  14 


ART.  VII.  FILLING  VACANCIES. 

1.  Warrant  of  Appointment  to  Office  on  a  Failure  to  Elect  .  .  .  .  .14 


- To  fill  Vacancy  arising  from  Resignation,  etc.  .  .  .  .  .  14 

3.  - Notice  to  Person  Appointed  .  .  .  .  .  .  .  .14 

4.  Resignation  of  a  Town  Office  .  .  .  .  .  .  .  .  .  14 

— : - Acceptance  thereof  .  .  .  .  .  .  .  .  .  .15 


ART.  VIH.  THE  SUPERVISOR  AND  HIS  DUTIES. 


1.  Bond  of  the  Supervisor . .15 

Approval  thereof ;  to  be  Indorsed  thereon  .  .  .  .  .  .  .15 

3.  Book  of  the  Supervisor . .  .  .  .  15 

5.  Certificate  to  the  Supervisor’s  Book . 15 

ART.  IX.  THE  TOWN  CLERK  AND  HIS  DUTIES. 

1.  File  Mark  for  Papers  ...........  15 

3.  Certificate  to  the  Record  of  Votes  for  raising  Money  .  .  .  .  .15 

6.  Certificate  to  Copies  of  Papers  and  Records . 16 


ART.  X.  THE  BOARD  OF  AUDITORS. 

4.  Certificate  of  the  Auditors  to  an  Account  .  .  .  .  .  .  .16 

6.  Account  against  the  Town,  with  an  Affidavit .  .  .  .  .  .  .  16 

7.  Certificate  by  the  Auditors  of  Claims  allowed  .  .  .  .  .  .  .16 


ART.  XIV.  THE  BOARD  OF  SUPERVISORS. 

2,  Request  for  a  Special  Meeting  .  .  .  .  .  .  .  .  .  17 

- Notice  thereof  for  Publication  ........  17 

- Notice  to  be  sent  each  Supervisor  .  .  .  .  .  .  .  17 


ART.  XV.  THE  COUNTY  TREASURER. 


1  The  County  Treasurer’s  Acceptance  .  .  .  .  .  .  .  .17 

The  County  Treasurer’s  Bond  .  .  .  .  .  .  .  .  .  17 


4 


LIST  OF  FORMS. 


ART.  XYII.  ROADS,  HIGHWAYS  AXD  BRIDGES. 


PAGE 

1,  clause  3.  Order  for  Survey  of  Old  Road  ........  18 

- Surveyor’s  Report  ........  18 

- Notice  to  Parties  Interested  .  .  .  .  .  .  .18 

- Order  Ascertaining  the  Old  Road  .  .  .  .  .  18 

1.  clause  5.  Division,  of  Town  into  Road  Districts  .......  18 

2.  Bond  of  the  Treasurer  of  the  Commissioners  of  Highways  .  .  .  .  19 

3.  Account  of  the  Commissioners  of  Highways  .  .  .  .  .  .  .19 

7.  Assessment  of  Highway  Labor  and  Road  Tax  ......  19 

8.  List  of  the  Highway  Labor  Assessed  ........  20 

List  of  the  Road  Tax  Assessed  .........  20 

12.  Notice  of  Assessment  of  Road  Tax  ........  20 

14.  Statement  of  the  Cost  of  an  Expensive  Bridge  ......  20 

- Certificate  of  Town  Auditors  ........  21 

15.  Petition  for  Building  or  Repairing  Bridge  .  .  .  .  .  .  .  21 

2©.  Contract  for  a  Bridge  on  the  Town  Line  ........  21 

21.  - Notice  to  Rebuild  or  Repair  .  .  .....  21 

24.  clause  4.  List  of  those  Liable  to  perform  Highway  Labor  .  .  .  .22 

25.  Appointment  of  Overseer  of  Highways  .......  22 

28.  Notice  to  perform  Highway  Labor  .  .  .  .  •  .  .  .  .22 

30.  - - Summons  for  a  Delinquent  .......  .22 

37.  • - Docket  Entry  of  the  Complaint  and  Proceedings  .  .  .  .22 

- Warrant  issued  for  Collecting  the  Fine  ......  23 

44.  Affidavit  to  Delinquent  Road  Tax  List  ........  23 

40.  Annual  Account  of  Overseer  of  Highways  .......  23 

52.  Award  of  Damages  for  taking  Material  for  Road  ......  24 

53.  Award  of  Damages  for  Ditch  or  Drain  .......  24 

54.  Petition  for  Discontinuing  a  Road  .........  24 

- For  Altering  a  Road  .........  24 

- -  For  Laying  out  a  New  Road  ........  24 

55.  Notice  of  any  such  Petition  ..........  25 

- - Affidavit  that  Notices  have  been  Posted  ......  25 

57.  Notice  of  the  Hearing  in  a  Road  Case ........  25 

58.  Denial  of  the  Prayer  of  the  Petition  ........  25 

Report  of  the  Survey  of  any  Road  ........  25 

Order  Laying  out  a  New  Road  .........  25 

- -  Order  Altering  a  Road . •  .  .  26 

©2.  Agreement  concerning  Road  Damages  .  .  .  .  .  .  .  .26 

- Release  of  Road  Damages  ........  27 

- Assessment  of  the  Damages  ........  27 

©4.  Petition  for  the  Relocation  of  a  State  Road  .......  27 

- Petition  for  Vacation  of  a  State  Road  ......  27 

- - —  Notice  to  the  Road  Viewers  ........  27 

- Oath  of  the  Road  Viewers  .........  28 

65.  - —  Report  of  the  Road  Viewers  ........  28 

Same ;  in  case  of  a  Relocation  ........  28 

Notice  of  any  such  Petition  ........  28 


66. 


LIST  OF  FORMS. 


5 


Proof  of  the  posting  of  such  Notice 


71.  Notice  for  the  Re-Survey  of  an  Old  Road  . 

- Proof  of  the  posting  of  such  Notice  . 

- Application  for  the  Re-Survey  of  such  Road. 

- Certificate  after  the  Re-Survey  . 

74:*  Appeal  from  an  Order  of  the  Commissioners  of  Highways,  Laying  out,  Refus 

to  Lay  out  or  Discontinuing 
Altering  a  Road  . 

Assessing  Damages  on  Laying  out  a  Road 


76. 


78. 


80. 


81. 


88. 


Bond  in  case  of  Appeal  from  Order  Laying  Out,  etc. 
- On  Appeal  from  Assessment  of  Damages . 


Certificate  of  the  Selection  of  three  Supervisors  .... 

- Notice  given  to  Such  Supervisors  ...... 

- Notice  of  the  Appeal  to  three  Supervisors  .... 

- Notice  of  Appeal  to  Supervisors,  Commissioners  and  Petitioners 

- Proof  of  the  Service  of  such  Notice  ..... 

Subpena  for  the  Witnesses 


Order  of  the  Supervisors  after  hearing  the  Appeal  . 

- Confirming  the  Action  of  the  Commissioners 

- Reversing  an  Order  Laying  out  a  Road 

- Confirming  an  Assessment  of  Damages  . 

- Altering  an  Assessment  of  Damages  . 

- Confirming  an  Alteration  of  a  Road . 


Reversing  an  Alteration  in  a  Road 
Changing  the  Alteration  of  a  Road  . 
Reversing  a  Refusal  to  Lay  out  a  Road 


Statement  of  Damages  and  Charges  in  Road  Case 

- Certificate  of  the  Town  Auditors  thereto 

- Town  Clerk’s  Certificate  of  Amount . 


89.  Petition  to  the  Board  of  Supervisors  for  Relief 
91.  Order  Laying  out  Road  on  Town  Line 
96.  Notice  for  Removing  Fence  from  Road  . 

- Same,  where  the  Case  was  Appealed 

- Proof  of  the  Service  of  such  Notice  . 


E  STRAYS. 


Notice  of  Taking  up  an  Estray 
Affidavit  of  Taking  and  Posting 
Warrant  of  Appraisement  . 
Appraisement  of  an  Estray 
Docket  Entry  by  Justice 
Certificate  to  the  Papers  . 


nS 


PAGE 

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28 

28 

29 

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30 
30 
30 

30 

31 
31 
31 
31 
31 

31 

32 
32 
32 
32 
32 
32 
32 

32 

33 
33 
33 
33 

33 

34 

34 

35 
35 


36 
.  36 

37 
.  37 

37 
.  37 


» 


TOWNSHIP  ORGANIZATION  FORMS. 


These  Forms  are  arranged  in  the  same  order  as  the  sections  of  the  law  under  which  they  are  needed  for 
use.  The  bold  black  tigures  in  the  margin  correspond  with  the  sections  of  the  law.  If  the  reader  will 
observe  the  Article  and  section  of  the  law  where  any  form  is  required,  he  can  easily  turn  to  the  form  itself 
and  vice  versa.  The  page  of  the  law  where  any  form  is  required  is  also  given. 

ART.  I.  PROCEEDINGS  TO  ADOPT. 

Art.  I.  2.  Petition  to  the  County  Court  for  submission  of  Township  Organization. 
Page  741. 

To  the  county  court  of  -  county,  Illinois:  The  undersigned,  legal  voters  of  said 

county,  petition  your  honorable  body  to  cause  to  be  submitted  to  the  voters  of  the 
county,  at  the  next  general  election,  the  question  of  township  organization,  that  they  may 
vote  upon  the  adoption  thereof.  Dated - 18 — .  [Fifty  signatures .] 

Art.  I.  0.  Report  of  the  Commissioners  appointed  to  Divide  the  County  into  Towns. 
Page  742. 

To  the  county  court  of  -  county,  Illinois  :  The  undersigned,  commissioners  ap¬ 

pointed  by  said  court  to  divide  said  county  into  towns  and  give  names  thereto,  accord¬ 
ing  to  the  laws  for  township  organization,  respectfully  report  that  they  have  performed 
that  duty,  as  follows  : 

All  within  the  limits  of  township  No. - ,  range  — — ,  government  survey,  is  erected 

into  a  town  called - .  \_Describe  each  town  in  like  manner. ]  Respectfully  submitted. 

Dated  - -  18 — .  A - B - ,  I 

C -  D - ,  Commissioners. 

E - F - ,) 

Art.  I.  1©.  Notice  for  the  First  Town  Meeting.  Page  742. 

Town  Meeting  Notice. 

The  citizens  of  the  town  of - ,  in - county,  Illinois,  are  hereby  notified  to  meet 

on  the - day  of -  18 — ,  at  \state  the  place  and  hour  of  meeting ]  to  hold  the  first 

town  meeting  in  said  town,  for  the  election  of  town  officers  and  the  transaction  of  town 

business  as  required  by  law.  Dated - 18 — .  A -  B - , 

Clerk  of  the  County  Court  of -  County. 

AET.  III.  ALTEEING  BOUND AEIES  AND  DIVISIONS  OF  TOWNS. 

Art.  III.  2.  Notice  by  twelve  Freeholders  calling  Town  Meeting  after  default  of  Annual 

Meeting.  Page  743. 

Town  Meeting  Notice. 

The  undersigned,  freeholders  of  the  town  of - ,  in - -  county,  Illinois,  hereby  give 

notice  that  on  the  - day  of 18 — ,  at  \_stafe  the  hour  and  place  of  meeting']  a  meet¬ 

ing  of  the  electors  of  said  town  will  be  held  for  the  election  of  town  officers  and  the  trans¬ 
action  of  town  business  as  the  law  requires.  Dated -  18 — . 

\_Signed  by  12  Freeholders .] 


Township  Organization  Forms. 


t 


Art.  III.  Altering  Boundaries  and  Divisions  of  Towns. 

Art.  III.  4.  Agreement  in  case  of  Division  of  Town;  made  by  Supervisors  and  As¬ 
sessors.  Page  743. 

This  agreement  made  on  the  part  of  the  town  of - ,  by  A - B - ,  supervisor, 

and  C -  D - ,  assessor  thereof,  and  on  the  part  of  the  town  of - ,  by  E - 

F - ,  supervisor,  and  G -  H - ,  assessor  thereof,  both  towns  being  in - county, 

Illinois,  witnesseth  :  That  whereas  the  town  of - has  lately  been  divided  into  the  towns 

of -  and - ;  and  whereas  said  original  town  was  at  the  time  of  such  division  the 

owner  of  the  following  land :  [describe  it.~\  It  is  hereby  agreed  by  said  new  towns  that 
the  following  portion  thereof  be  sold  for  the  benefit  of  said  town  of - ,  namely:  [de¬ 

scribe  it,]  and  that  the  following  [ describe  it,]  shall  remain  the  property  of  said  town 


of  — 

— .  Dated  — 

i 

i  . 

• 

CO 

r— 1 

I 

A 

B 

— ,  (seal.)  Supervisor 

C 

D 

— ,  (seal,)  Assessor. 

E 

F 

— ,  (seal,)  Supervisor, 

G 

H 

— ,  (seal,)  Assessor. 

Deed  of  Real  Estate  where  a  Town  is  divided  ;  made  by  Supervisors  and  Assessors.  Page 

743. 

Whereas,  the  town  of - ,  in  -  county,  Illinois,  has  lately  been  divided  into  the 

towns  of -  and  - — —  ;  and  whereas  said  town  was  at  the  time  of  such  division  seized 

of  the  following  real  estate,  namely:  [describe  the  whole  premises ;]  and  whereas  the  super¬ 
visors  and  assessors  of  each  of  said  towns  have  agreed  that  the  following  portion  thereof 

should  be  disposed  of  for  the  benefit  of  said  town  of - [varying  with  the  agreement ,]  as 

being  its  equitable  share,  namely  :  [ describe  the  part  to  be  disposed  of] 

Now  therefore,  this  indenture,  made  between  A -  B - ,  supervisor,  and  C - 

D —  — ,  assessor,  of  said  town  of  - ;  E -  F - ,  supervisor,  and  G -  IT - , 

assessor,  of  said  town  of - ,  First  Party;  and  L - M - ,  Second  Party,  witnesseth: 

That  said  first  party,  in  consideration  of  the  sum  of - dollars  paid  by  said  second 

party,  the  receipt  whereof  is  hereby  acknowledged,  have  and  do  grant,  bargain  and  sell 
unto  said  party  of  the  second  part,  and  his  heirs  and  assigns  forever,  the  following  prem¬ 
ises,  namely :  [describe  the  premises  conveyed .]  To  have  and  to  hold,  with  all  the  appurte¬ 
nances  thereunto  belonging,  to  the  only  proper  use  and  benefit  of  said  second  party,  his 

heirs  and  assigns  forever.  Witness  the  hands  and  seals  of  said  grantors  this  - -  day 

of -  18 — .  A - B - ,  ( seal ,)  Supervisor. 

C -  D - ,  (seal.)  Assessor. 

E -  F - f  (seal,)  Supervisor. 

G - H - ,  (sea/,)  Assessor. 

[Acknowledged  in  the  usual  form,.'] 

C.  Note.  —  Where  a  town  has  been  divided,  the  proceedings  of  the  supervisors  and  assessors  ought  to 
be  reduced  to  writing,  and  filed  with  the  town  clerk  for  future  reference.  Such  a  record  may  be  in  the  fol¬ 
lowing  form : 

Art.  III.  Proceedings  on  Division  of  Town  ;  signed  by  the  Supervisors  and  Assessors. 

Page  744. 

The  supervisors  and  assessors  of  the  towns  of - and - in - county,  Illinois, 

having  met  in  pursuance  of  law  to  divide  and  apportion  the  lands,  money,  rights  and 
credits  of  the  late  town  of - in  said  county,  have  agreed  and  do  hereby  order: 

1.  That  the  following  real  estate  [describe  it]  shall  be  the  property  of  the  town  of - , 

and  may  be  sold  for  the  benefit  thereof. 

2.  That  the  following  real  estate  [describe  it]  shall  be  the  property  of  the  town  of - , 

and  may  be  sold  for  the  benefit  thereof. 

3.  That  the  money  on  hand  amounting  to - dollars,  be  divided  as  follows:  [state 

how.] 

4.  That  the  debts  owing  by  said  original  town  be  apportioned  as  follows  :  [state  how.] 

Dated - 18 — .  A -  B - ,  Supervisor  of  the  town  of - . 

C -  D - ,  Assessor  of  the  town  of - . 

E -  F - ,  Supervisor  of  the  town  of - . 

G - IT - ,  Assessor  of  the  town  of - . 


8 


Township  Organization  Forms. 


Art.  IY.  Town  Meetings  —  Power  of  Electors. 

Art.  III.  7.  Notice  to  Officers  in  case  of  Division  or  Alteration  of  Town  ;  given  by  a 

Supervisor.  Page  744. 

To - ,  supervisor  [or  assessor ]  of  the  town  of - ,  in - county,  Illinois  :  You  are 

hereby  notified  that  a  meeting  of  the  supervisors  and  assessors  of  s:tid  towns  will  be  held 
on  the - day  of - 18 — ,  at  [state  the  hour  and  place  of  meeting ]  to  divide  and  appor¬ 
tion  the  lands,  moneys,  rights  and  credits  of  the  town  of - ,  lately  divided. 

Dated - 18 — .  A - B - , 

Supervisor  of  the  town  of - . 


ART.  IV.  TOWN  MEETINGS  —  POWER  OE  ELECTORS. 

Art.  IY.  1.  Notice  for  Annual  Town  Meeting.  Page  744. 

t 

Annual  Town  Meeting. 

The  legal  voters  of  the  town  of - ,  in - county,  Illinois,  will  take  notice  that  on 

the  - day  of 18 — ,  at  [state  the  hour  and  place  of  meeting~\  the  annual  town  meet¬ 

ing  for  said  town  will  be  held  for  the  election  of  town  officers  and  the  transaction  of  town 
business,  as  required  by  law.  Dated 18 — . 

A - B - ,  Town  Clerk. 

Art.  IY.  5,  Clauses  8  and  12.  By-Laws  Prohibiting  Stock  from  running  at  large  ;  to  be 

adopted,  in  Town  Meeting.  Page  745. 

The  town  of - ,  in - county,  Illinois,  by  its  electors  in  town  meeting  duly  assem¬ 

bled,  does  hereby  make  and  adopt  as  by-laws  the  following : 

§  1.  After  the - day  of - 18  — ,  no  stock  shall  run  at  large  in  said  town,  whether 

horses,  mules,  asses,  cattle,  sheep,  hogs  or  goats,  or  the  young  of  any  of  said  animals.  The 
owner  of  any  such  animal  who  shall  allow  the  same  to  run  at  large,  contrary  to  the  pro¬ 
visions  hereof,  shall  be  subject  to  a  penalty  of - dollars,  for  each  animal  so  at  large. 

Any  of  said  animals  found  so  at  large,  shall  be  taken  by  the  pound  master  and  impounded  ; 
and  any  resident  of  the  town  may  lawfully  take  such  animals  to  the  pound,  and  cause 
them  to  be  impounded. 

§  2.  Thereupon  the  pound  master  shall  at  once  make  complaint  before  some  justice  of 
the  peace,  stating  the  violation  of  law,  the  name  of  the  owner  of  the  animals,  if  known, 
their  kind,  number  and  description,  and  when  and  by  whom  impounded.  And  said  jus¬ 
tice  shall  attach  to  such  complaint  a  notice  in  writing,  directed  to  the  owner  of  said  ani¬ 
mals,  stating  that  in  pursuance  of  said  complaint,  a  hearing  will  be  had  thereon  ;  and  fix¬ 
ing  a  time  not  more  than - days  thereafter  when  said  complaint  will  be  heard ;  which 

notice  shall  be  served  at  least - days  before  the  day  of  hearing. 

§  3.  Service  of  such  notice  may  be  made  by  reading.  If  the  owner  be  not  known, 
then  five  copies  of  the  complaint  and  notice  shall  be  posted  by  the  pound  master  in  the 

most  public  places  of  the  town,  at  least - days  before  the  day  of  hearing.  The  pound 

master  shall  attend  at  the  hearing,  and  present  the  facts  in  the  case. 

§  4.  The  cause  shall  be  tried  by  a  jury,  unless  waived  by  the  owner,  and  conducted  as 
other  causes  before  justices  of  the  peace.  If  the  owner  is  found  guilty,  the  justice  shall 
enter  judgment  against  him  for  the  fine  and  costs,  and  enter  an  order  directing  the  pound 
master  to  sell  the  property  therefor. 

§  5.  The  pound  master  shall  supply  proper  and  sufficient  food  and  drink  to  all  animals 
impounded,  the  value  thereof  to  be  shown  on  trial  and  allowed  against  the  OAvner. 

Passed  in  town  meeting  this - day  of - 18 — .  A - B - ,  Town  Clerk. 


Complaint  by  Pound  Master.  Page  745. 

A - B - ,  pound  master  of  the  town  of - ,  in - county,  Illinois,  states  on  oath 

that  in  violation  of  the  by-laws  of  said  town,  [one~\  horse  [or  other  animaT]  was  found 


Township  Organization  Forms. 


9 


* 


Art.  IV.  Town  Meetings  —  Power  of  Electors. 

at  large  at  [state  the  place']  in  said  town,  described  as  follows  :  [describe  Pi  animal .]  Sup¬ 
posed  to  belong  to  C -  I) - and  impounded  by  [ stating  by  tbhoni\  on  the -  day 

of - 18 — •.  Whereof  he  complains  as  required  by  law. 

A -  B - ,  Pound  Master. 

Sworn  to  before  me  this - day  of - 18 — . 

E—  F - ,  J.  P. 

Notice  Attached  to  the  Foregoing  Complaint ,  where  the  Owner  is  Known.  Page  7 45. 

To  C - D - :  You  are  hereby  notified  that  in  pursuance  of  the  foregoing  com¬ 
plaint,  a  hearing  thereon  will  be  had  before  me  at  my  office  on  the - day  of - 

18 — ,  at  [ nine ]  o’clock  Q forenoon],  when  and  where  the  truth  of  said  complaint  will  be 

tried  according  to  law.  Dated - 18 — . 

E - F - ,  J.  P. 

Note.  —  This  notice  should  be  served  by  reading,  by  the  pound  master  or  any  constable,  and  a  return 
of  the  service  indorsed  thereon.  It  will  then  be  tiled  by  the  justice. 


Notice  Attached  to  the  Foregoing  Complaint,  where  the  Owner  is  Unknown.  Page  745. 


To  the  unknown  owners  of  the  animals  described  in  the  above  complaint :  You  are  here¬ 
by  notified  that  in  pursuance  of  said  complaint,  a  hearing  thereon  will  be  had  before  me 

at  my  office  on  the  - day  of -  at  [i nine ]  o’clock  [  forenoon],  when  and  where  the 

truth  of  said  complaint  will  be  tried  according  to  law.  Dated - 18 — . 

E - F - ,  J.  P. 


Note.  —  The  original  of  this  complaint  and  notice  should  be  filed  by  the  justice,  with  an  indorsement 
thereon  showing  that  five  copies  had  been  duly  posted,  and  by  whom. 


Docket  Entry  on  Complaint  against  Impounded  Animals. 


Page  745. 


State  of  Illinois, - county.  Before  E -  F - ,  Justice. 

Town 


C 


of  - 
vs. 


?  Complaint  o  f  A - 

Pound  Master. 


B- 


On  the  -  day  of - 18 — ,  A - B - ,  pound  master  of  said  town,  complains  of 

C -  D - for  allowing  [ one  horse ]  to  be  at  large  in  said  town  contrary  to  the  by-laws 

thereof.  Notice  issued  thereon  that  a  hearing  thereof  will  be  had  on  the - day  of 

-  18 —  at  -  o’clock  —  M.  Notice  returned  served  by  pound  master  on  said 

C -  D - on  the  \_date.~\ 

On  the  [ date  of  hearing ]  said  pound  master  appears  ;  C - D - also  appears  ;  jury 

of  twelve  men  are  summoned  and  sworn  to  try  the  issue  joined.  The  proofs,  and  state¬ 
ments  of  the  parties  are  heard  ;  the  jury  find  the  complaint  true  and  assess  a  fine  of - 

dollars.  Judgment  is  therefore  rendered  against  said  C -  D - for - dollars  fine, 

and  costs  herein  of - dollars.  Ordered  that  said  pound  master  sell  said  animals,  as  by 

law  directed,  to  make  the  amount  of  said  fine  and  costs,  unless  paid  before  sale. 

E - F - ,  J.  P. 


Note. —  This  being  entered  on  the  docket  of  the  justice,  there  ought  properly  to  be  some  written  au¬ 
thority  in  the  hands  of  the  pound  master,  before  he  proceeds  to  sell  property.  The  following  is  sug¬ 
gested  : 

Order  to  Pound  Master  to  Sell ;  issued  by  the  Justice.  Page  745. 

State  of  Illinois, -  county.  The  people  of  the  state  of  Illinois  to  the  pound  master 

of  the  town  of - in  said  county.  We  command  you  that  of  the  impounded  animals 

of  A - B - [or,  of  persons  unknown ]  now  in  your  pound,  you  make  the  sum  of - 

dollars  fine  and - cost,  which  said  town  lately  recovered  before  me  in  a  certain  plea 

against  the  said  A -  B -  [or,  against  the  unknown  owners  of  said  animals ],  and 

hereof  make  return  to  me  how  you  have  executed  this  writ.  Given  under  my  hand  and 
seal  this - day  of - 18 — . 

E -  F - ,  J.  P.  (seal.) 


10 


Township  Organization  Forms. 


Art.  Y.  Conducting  Town  Meetings. 

Art.  IV.  7.  Notice  of  Sale  by  Pound  Master.  Page  746. 

Pound  Master’s  Sale. 

By  virtue  of  authority  in  me  vested  by  law,  and  in  pursuance  of  a  judgment  order 

made  by  E -  F - ,  J.  P.,  I,  A -  B - ,  pound  master  of  the  town  of  - ,  in 

-  county,  Illinois,  will  on  the - day  of  -  18 — ,  at  [ name  the  place"],  at  - 

o’clock  —  M.,  proceed  to  sell  to  the  highest  bidder  for  cash  the  following  impounded 

animals:  [here  describe  them ]  to  make  the  sum  of - dollars  fine,  and - -  dollars,  and 

- cents  cost,  lately  adjudged  by  the  said  justice  against  C - D - ,  the  owner  of 

said  animals,  for  a  violation  of  the  by-laws  of  said  town.  Dated  -  18 — . 

A -  B - ,  Pound  Master. 

Art.  IV.  ©.  Statement  for  Special  Town  Meeting ;  fled  with  Town  Clerk.  Page  746. 

The  undersigned,  officers  and  freeholders  of  the  town  of - ,  in - county,  Illinois, 

state  that  a  special  town  meeting  is  necessary  to  the  interest  of  said  town  for  [state  the 
purpose  of  the  meeting.]  We  therefore  request  that  immediate  notice  thereof  be  given 
for  a  meeting  to  be  held  on  the - day  of -  18 — ,  Dated - 18 — . 

A — —  B - ,  Supervisor. 

C -  D - ,  Town  Clerk. 

E -  F - ,  J.  P. 

G -  H - ,  J.  P. 

[And  12  Freeholders.] 

f 

Notice  for  Special  Town  Meeting.  Page  746. 

Special  Town  Meeting. 

9  . 

Whereas  a  statement  has  been  filed  in  my  office  signed  according  to  law,  requesting  a 

special  town  meeting  to  be  held  in  the  town  of - ,  in - county,  Illinois,  and  alleging 

that  the  same  is  necessary  :  The  legal  voters  of  said  town  are  therefore  hereby  notified 

that  a  special  town  meeting  for  said  town  will  be  held  on  the  - day.  of  - 18 — ,  at 

'state  the  hour  and  place  of  meeting ],  for  the  objects  specified  in  said  statement,  namely  : 
com  from  the  statement  the  object  of  the  meetinq.]  Dated  -  18 — . 

A -  B - ,  Town  Clerk. 

% 

AKT.  Y.  CONDUCTING  TOWN  MEETINGS. 


1.  Note.  —  In  order  to  dispose  of  business  properly  and  with  despatch,  it  is  necessary  to  observe  in  town 
meetings  those  rules  which  experience  has  shown  to  be  suitable  for  all  public  assemblies.  Some  of  those 
rules  defining  the  general  duties  of  the  presiding  officer,  or  moderator,  are  : 

To  open  the  meeting  at  the  time  named  in  the  notice,  by  taking  the  chair  and  calling  the  house  to  order. 

To  announce  the  business  before  the  meeting  in  the  order  named  in  the  notice  or  in  the  law. 

To  receive  and  put  to  vote  all  motions  which  are  in  order,  or  necessary  in  the  course  of  business,  and 
announce  the  result. 

To  enforce  the  observance  of  order  by  those  engaged  in  debate,  as  well  as  others. 

To  inform  the  meeting,  when  desired,  on  a  point  of  order  or  practice. 

To  appoint  all  committees  not  otherwise  selected. 

To  represent  the  meeting  in  all  things,  and  obey  its  commands. 

After  a  motion  is  made  and  seconded,  the  moderator  will  say:  “Gentlemen,  it  is  moved  and  seconded 
that  [ stating  the  motion  as  made.]  Those  in  favor  of  that  motion  will  say,  Aye.  Those  opposed  will  say. 
No.”  If  there  is  a  decided  majority  either  one  way  or  the  other,  the  moderator  will  at  once  announce  the 
result,  thus  :  “The  Ayes  [or  Noes]  have  it.”  But  when  the  vote  is  nearly  equal,  he  will  do  well  always 
to  say:  “  The  Ayes  [or  Noes]  seem  to  have  it.”  If  any  one  in  the  meeting  is  not  satisfied  with  that 
statement  of  the  vote  he  will  say:  “Division.”  To  which  the  moderator  will  respond:  “A  division 
being  called  for,  all  those  in  favor  of  this  motion  will  rise  and  stand  until  they  are  counted.”  Which  being 
done  and  the  Ayes  seated,  he  will  say:  “Those  opposed  to  the  motion  will  also  rise  and  stand  until 

they  are  counted.”  After  which,  the  result  may  be  thus  announced:  “There  being - votes  in  favor 

and  - votes  against,  this  motion  is  adopted  ”  [or  lost  as  the  case  may  be.] 

After  the  moderator  has  declared  the  vote,  it  becomes  the  sense  of  the  meeting,  and  will  stand  as  such 
until  reconsidered  or  rescinded  by  another  motion  made  for  that  purpose.  It  is  made  the  duty  of  the 
moderator  to  regulate  the  business  and  proceedings  of  the  meeting.  After  the  meeting  is  organized,  by 
the  election  and  qualification  of  officers,  he  should  announce  that  the  meeting  is  ready  for  business ;  that 
first  in  order  will  be  opening  the  polls  and  proceeding  to  the  electior  of  such  officers  of  the  town  as  arc 


Township  Organization  Forms. 


11 


Art.  V.  Conducting  Town  Meetings. 

•“  O 


to  be  elected  by  ballot.  At  two  o’clock  r.  m.,  he  should  announce  that  the  general  business  of  the  dny  is  in 
order.  He  should  then  direct  the  order  in  which  the  various  subjects  should  be  taken  up,  and  announce 
each  in  its  order  for  action. 

Art.  V.  2.  Oath  of  Moderator  of  Town  Meeting  ;  Administered  by  the  Town  Clerk  or 

any  Justice.  Page  747. 

“  I  do  solemnly  swear  [or,  affirtn]  that  I  will  support  the  constitution  of  the  United 
States,  and  the  constitution  of  the  state  of  Illinois,  and  that  I  will  faithfully  discharge 
the  duties  of  the  office  of  moderator  at  this  town  meeting,  according  to  the  best  of  my 
ability.” 

Art.  V.  3.  Minutes  of  the  Proceedings  of  a  Town  Meeting.  Page  747. 

At  the  annual  town  meeting  held  in  the  town  of - ,  in  -  county,  Illinois,  at 

[ name  the  place  of  meetiug~\  on  the  - day  of -  18 — ,  the  meeting  was  called  to 

order  by  A -  B - ,  town  clerk.  C -  D - being  chosen  moderator  was  duly 

sworn  by  E -  F - ,  J.  P.,  and  took  the  chair. 

Proclamation  thereof  having  been  made  by  the  clerk,  polls  were  opened  for  the 
election  of  officers. 

At  twelve  o'clock  noon,  the  meeting  was  adjourned,  and  polls  closed  for  one  hour. 

At  one  o’clock  p.  m.,  the  meeting  was  called  to  order  by  the  moderator,  and  the  polls 
opened,  pursuant  to  adjournment. 

Voted,  That  the  polls  for  the  election  of  officers  be  kept  open  until  six  o’clock  p.  m. 
The  following  resolution  was  offered:  Resolved,  That  [ copy  the  resolution ].  And  after 
consideration  it  was  adopted. 

Voted,  That  a  town  pound  4>e  erected  at  [state  the  place  where],  by  the  pound  master, 

within - days  from  this  date,  not  to  exceed  in  cost - dollars. 

The  following  persons  were  elected  by  acclamation  to  be  overseers  of  highways  for  the 
ensuing  year,  in  the  following  road  districts  : 

1.  [ State  the  number  of  the  district  and  name  of  the  person  elected;  continue  for  each 
district .] 

Voted,  That  the  next  annual  town  meeting  be  held  at  [name  the  place. ] 

[In  this  manner  record  each  act  of  the  meeting  ;  conclude  with  the  canvass  of  votes  as  given 

under  22.] 

On  motion,  adjourned.  A -  B - ,  Toivn  Clerk. 

•  C -  D - ,  Moderator. 

Art.  V.  1$>.  Oath  to  be  taken  by  Person  Challenged;  page  747;  see  Elections ,  T4:. 

Page  254. 

You  do  solemnly  swear  [or,  affirm ]  that  you  are  a  resident  of  this  township,  and  that 
you  have  been  an  actual  resident  herein  for  the  last  30  days:  that  you  are  a  citizen  of 
this  state,  and  have  resided  herein  one  year  preceding  this  town  meeting  ;  (or  that  you 
was  an  inhabitant  of  this  state  on  the  first  day  of  April,  in  the  year  1848  ;)  that  you  are 
above  the  age  of  21  years,  and  that  you  have  not  voted  at  this  town  meeting,  so  help  you 
God. 

Note.  —  Section  74  of  the  election  law,  requires  the  person  challenged  to  state  on  oath  certain  other 
facts,  which  may  be  conveniently  done  in  the  following  manner : 

Additional  Oath  to  Person  Challenged. 

You  do  solemnly  swear  [or,  affirm ]  that  you  will  fully  and  truly  answer  all  such  ques¬ 
tions  as  shall  be  put  to  you  touching  your  place  of  residence,  and  qualifications  as  a  voter 
at  this  election. 

[  The  ensuing  questions  should  then  be  answered :] 

1.  In  what  town  do  you  now  reside  ? 

2.  In  what  place  and  house  do  you  reside  ?  State  the  same  particularly. 

3.  How  long  have  you  resided  in  said  house,  and  what  is  your  business  or  employment? 
[If  the  answer  shows  that  the  person  has  not  resided  in  such  town  for  30  days  immediately 

preceding  the  election  or  town  meeting ,  he  must  state  where  and  in  what  house  he  has  resider 
for  the  last  SO  days.] 


12  Township  Organization  Forms. 

_ u _ 

Art.  V.  Conducting  Town  Meetings. 


Oath  of  the  Tivo  Witnesses. 

I  do  solemnly  swear  [or,  affirm ]  that  I  am  a  resident  of  this  election  district,  and  en¬ 
titled  to  vote  at  this  election,  and  that  I  have  been  a  resident  of  this  election  district  for 
one  year  last  past,  and  that  I  am  well  acquainted  with  the  voter  whose  vote  is  now  offered, 
that  he  is  an  actual  and  bona  fide  resident  of  this  election  district,  and  that  he  has  resided 
in  this  state  for  one  year  last  past. 

Art.  V.  15.  Proclamation  for  Opening  Polls  at  Town  Meeting.  Page  748. 

Hear  ye :  hear  ye :  hear  ye  :  the  polls  for  the  election  of  officers  at  this  town  meeting 
are  now  open,  according  to  law. 


Proclamation  of  Adjournment  of  Polls.  Page  748. 

Hear  ye :  hear  ye :  hear  ye  :  the  polls  for  the  election  of  officers  at  this  meeting  will 
stand  adjourned  till  one  o’clock  this  afternoon. 


Opening  Polls  after  Adjournment.  Page  748. 

Hear  ye  :  hear  ye :  hear  ye :  the  polls  for  the  election  of  officers  at  this  meeting  are 
now7  opened  pursuant  to  adjournment. 


Art.  Y.  17.  Poll  List  at  Town  Meeting.  Page  748. 


Poll  list  kept  by  the  clerk  at  the  town  meeting  held  at - in  the  town  of 

—  county,  Illinois,  on  which  is  entered  the  name  of  each  person  there  voting: 


No. 

Names. 

No. 

1 

A 

-  B - , 

4 

2 

C 

—  D - , 

5 

3 

E 

—  F - , 

6 

Names. 

G -  II- 

I -  J- 

K -  L- 


v  in 


Total  number  of  ballots,  6. 


A -  B - ,  Town  Clerk. 

C-— —  D - ,  Moderator. 


Art.  Y.  22.  Statement  of  the  Result  of  the  Canvass  of  Votes  ;  to  be  entered  in  the  Min - 

utes :  see  3* 

The  following  is  the  result  of  the  canvass  of  votes  by  ballot  at  the  annual  towm  meeting 

in  the  town  of - ,  in - county,  Illinois,  as  publicly  canvassed  by  the  presiding  officer 

at  said  meeting : 

A - B  had -  votes  for  supervisor. 

C— — -  1) - -  had  — —  votes  for  clerk. 

[  And  so  on,  with  a  statement  of  the  votes  for  each  person.~\  Which  statement  was  then  and 
there  publicly  read. 

A - B - ,  Town  Clerk. 

Notice  in  case  of  Tie  Vote.  Page  748. 

To  A — —  B - :  Yourself  and  C -  D - having  received  an  equal  number  of 

votes  for  the  office  of - ,  for  the  town  of - ,  for  the  ensuing  year,  you  are  hereby 

notified  that  the  question  of  which  of  you  shall  be  entitled  to  said  office,  will  be  decided 

by  lot  on  the - day  of - 18 — ,  at  [ state  the  hour  and  place, and  that  should  you 

fail  to  attend  the  same  will  be  so  decided  in  your  absence.  Dated - 18 — . 

E — —  F - ,  Town  Clerk 

* 

Note.  —  The  result  of  the  lot  should  be  entered  by  the  clerk  on  the  town  records.  The  following  form 
may  be  used : 

Memorandum  of  Decision  of  Tie  Vote.  Page  748. 

At  the  annual  town  meeting  for  18 —  in  the  town  of - ,  A -  B - and  C - 

D - having  each  had  an  equal  number  of  votes  for  the  office  of  - ,  the  question  of 


Township  Organization  Forms. 


13 


Art.  VI.  Qualification  and  Tenure  of  Office. 


which  should  be  entitled  to  said  office  was,  on  the - day  of -  18 — ,  duly  decided 

between  them  by  lot,  and  decided  that  said  A - B - was  entitled  thereto. 

Dated  -  18 — .  E - F - ,  Town  Cleric. 

Art.  V.  23.  Notice  to  Person  Elected;  given  where  his  Name  does  not  Appear  on  the 

Poll  List.  Page  7 48. 

To  A - B - :  You  are  hereby  notified  that  at  the  annual  [or  special']  town  meet¬ 
ing  in  the  town  of - held  on  the - day  of -  18 — ,  you  were  duly  elected  [$m- 

pervisor.]  Dated - 18 — .  C - -  D - ,  Town  Clerk. 


ART.  YI.  QUALIFICATION  AND  TENURE  OF  OFFICE. 


Art.  VI.  S.  Oath  of  Town  Officer  ;  may  he  Administered  by  the  Town  Clerk  or  any  Jus¬ 
tice.  Page  749. 

State  of  Illinois, - county.  I,  A - B - ,  do  solemnly  swear  [or,  affirm]  that  I 

will  support  the  constitution  of  the  United  States,  and  the  constitution  of  the  state  of 
Illinois,  and  that  I  will  faithfully  discharge  the  duties  of  the  office  of  \_supervisor]  accord¬ 
ing  to  the  best  of  my  ability.  A - B - . 

Sworn  to  before  me  this - day  of - 18 — . 

C - D - ,  Town  Clerk. 


Certificate  of  Supervisor's  Election  ;  to  he  presented  to  the  Board  of  Supervisors. 

See  Art.  xiv.  5. 

- county,  town  of - .  I,  A - B - ,  town  clerk  of  said  town,  hereby  certify 

that  at  the  recent  annual  town  meeting  thereof,  on  the - day  of -  18 — ,  C - 

D -  —  was  duly  elected  [or,  that  on  the - day  of -  18  — ,  C - D - was  duly 

appointed]  supervisor  of  said  town  ;  that  he  has  qualified  according  to  law  by  taking  oath 
and  giving  bond.  Dated - 18 — .  A - B - ,  Town  Clerk. 


Art.  VI.  5,  Acceptance  of  Office  by  Pound  Master  or  Overseer  of  Highways.  Page  749. 

To  A - B - ,  town  clerk  of  the  town  of - :  You  are  hereby  notified  that  I 

accept  the  office  of  [ overseer  of  highways  for  district  No. - ,  or,  pound  master]  of  said 

town,  to  which  I  was  lately  elected  [or,  appointed].  Dated - 18 — . 

C -  D - . 


Art.  VI.  O.  Bond  of  Town  Collector.  Page  749. 

We,  A - B - ,  as  principal,  and  C - D -  and  E - F -  as  sureties,  all 

of  the  towTn  of - ,  in - county,  Illinois,  are  held  and  firmly  bound  to  G -  II - , 

supervisor  of  said  town,  and  his  successor  in  office,  in  the  penal  sum  of  [ double  the  taxes] 
for  the  payment  of  which  well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  exec¬ 
utors  and  administrators  firmly  by  these  presents. 

The  condition  of  the  above  bond  is.  this  :  Whereas  said  A -  B -  has  lately 

been  elected  [or,  appointed]  collector  of  said  town  for  the  current  year,  and  has  qualified 

as  such:  Now  if  the  said  A -  B -  shall  faithfully  execute  all  his  duties  as  such 

collector,  then  the  above  bond  shall  be  void ;  otherwise  to  remain  in  full  force  and  effect. 
Witness  our  hands  and  seals  this - day  of - 18 — . 

A -  B - ,  (seal.) 

C -  D - ,  (seal.) 

E -  F - .  (seal.) 

Art.  VI.  7.  Approval  Indorsed  Thereon.  Page  749. 

I  hereby  approve  the  within  bond.  Dated  this - day  of - 18 — . 

G - H - ,  Supervisor  of  the  town  of - . 


Art.  VI.  9.  Constable's  Bond.  Page  749. 

Whereas,  A - B - was,  on  the - day  of -  18 — ,  duly  elected  [or,  appointed] 

constable  for  the  town  of - ,  in - county,  Illinois  : 


14 


Township  Organization  Forms. 


Art.  VII. 


Filling  Vacancies. 

o 


Now  therefore  we,  A- 


B 


D- 


and  E- 


F- 


—  as  principal  and  C — 
as  sureties,  jointly  and  severally  agree  to  pay  to  each  and  every  person  who  may  be 
entitled  thereto,  all  such  sums  of  money  as  the  said  constable  may  become  liable  to  pay 
on  account  of  any  executions  which  shall  be  delivered  to  him  for  collection  by  virtue  of 
his  office,  and  all  such  damages  as  each  and  every  person  may  sustain  by  reason  of  any 
malfeasance,  misfeasance,  or  non-performance  of  duty  on  the  part  of  said  constable. 
Dated -  18 — . 

Executed  in  my  presence  :  I  A -  B - ,  (seal.) 

G - -  H - ,  y  C -  D - ,  (seal.) 

Supervisor  of  the  town  of - .  )  E -  F - .  (seal.) 


Art.  VI.  10.  Approval  Indorsed  flier e on  ;  by  the  Supervisor  or  Toivn  Cleric.  Page  750. 

I  hereby  approve  the  within  instrument  and  the  sureties  therein  named. 

Dated - 18 — .  G -  H - , 

Supervisor  of  the  town  of - . 

Art.  VI.  10.  Oath  on  Going  out  of  Offce.  Page  750. 

You  do  solemnly  swear  [or,  affirm']  that  you  have  delivered  to  A -  B - ,  your  suc¬ 

cessor  in  office,  all  the  records,  books  and  papers  in  your  possession  or  control  belonging 
to  the  office  of  [ supervisor ]  for  the  town  of  - :  So  help  you  God. 

G -  H - . 


ART.  VII.  FILLING  VACANCIES. 


Art.  VII.  1.  Warrant  of  Appointment  to  Office  on  Failure  to  Elect.  Page  750. 

To  A -  B - :  Whereas  at  the  annual  town  meeting  for  the  town  of  - ,  in 

- county,  Illinois,  held  on  the  - day  of - -  18 — ,  said  town  failed  to  elect  a 

\_pound  master]  for  the  current  year:  We  therefore  hereby  appoint  you  to  fill  said  office 
in  said  town  for  the  remainder  of  the  current  year.  Witness  our  hands  and  seals  this 
- day  of  18 — . 


c 

D 

,  J.  P. 

(seal.) 

E 

F 

,  J.  P. 

(seal.) 

G 

H 

— ,  Supervisor,  (seal.) 

L 

M 

— ,  Town  Clerk,  (seal.) 

Warrant  of  Appointment  to  Fill  Vacancy.  Page  750. 

To  A -  B - :  Whereas  C - D - ,  late  \constable]  of  the  town  of - ,  in 

- county,  Illinois,  did  on  the  - day  of  - ,  18  —  ,  resign  said  office,  [or,  depart 

this  life ,  or,  remove  from  said  town ,  etc.]  whereby  said  office  has  become  vacant :  We 
therefore  hereby  appoint  you  to  fill  said  office  for  the  remainder  of  the  unexpired  term 

of  said  C - D - .  Witness  our  hands  and  seals  this - day  of - 18 — . 

E -  F - ,  J.  P.  (seal.) 

G - H - ,  J.  P.  (seal.) 

L - M- - ,  Supervisor,  (seal.) 

N - O - ,  Town  Clerk,  (seal.) 

Art.  VII.  S.  Notice  to  Person  Appointed.  Page  751. 

To  A - B - :  You  are  hereby  notified  that  on  the  - day  of - 18 — ,  you 

were  duly  appointed  to  the  office  of  \jpound  master]  for  the  town  of - ,  in - county, 

Illinois,  by  warrant  filed  in  my  office  according  to  law.  Dated -  18 — . 

C - D - ,  Town  Clerk. 

Art.  VII.  4.  Resignation.  Page  751. 

To  A - B - and  C - D - ,  justices  of  the  peace  of  the  town  of - ,  in - - 

county,  Illinois  :  By  reason  of  \state  the  cause  for  resignation]  I  hereby  resign  the  office 
of  [ town  clerk]  of  said  town.  Dated -  18 — .  E -  F - . 


Township  Organization  Forms. 


15 


Art.  VIII.  The  Supervisor  and  liis  Duties.  —  Art.  IX. 


The  Town  Clerk  and  his  Duties. 


Acceptance  Thereof ;  may  be  Noted  at  the  Foot  or  Indorsed  Thereon.  Faye  751. 

Being  satisfied  that  the  cause  shown  is  sufficient,  we  hereby  accept  the  resignation  of 

said  E- -  F - .  Dated -  18—.  A - B - ,  J.  P. 

C - D - ,  J.  P . 


ART.  VIII.  THE  SUPERVISOR  AND  HIS  DUTIES. 

% 

Art.  All  I.  1.  Supervisor's  Bond.  Page  751. 

We,  A - B - as  principal,  and  C - D - and  E - F -  as  sureties,  all 

of  the  town  of - ,  in - county,  Illinois,  are  held  and  firmly  bound  to  said  town,  for 

the  use  of  the  inhabitants  thereof,  in  the  penal  sum  of  [ insert  such  sum  as  the  town  clerk 
may  deem  proper.]  for  the  payment  of  which  well  and  truly  to  be  made,  we  bind  ourselves, 
our  heirs,  executors  and  administrators  firmly  by  these  presents. 

The  condition  of  the  above  bond  is  this:  AVhereas  said  A - B -  has  lately  been 

elected  supervisor  of  said  town  for  the  current  year,  and  has  qualified  as  such  :  Now  if 

the  said  A - B - shall  faithfully  discharge  all  of  his  duties  in  relation  to  the  town 

revenue  of  said  town,  then  the  above  bond  shall  be  void  ;  otherwise  to  remain  in  full 
force  and  effect.  Witness  our  hands  and  seals  this - day  of -  18 — . 

A - B - ,  (seal.) 

C - D - ,  (seal.) 

E - F - .  (seal.) 

,  Approval  Indorsed  Thereon.  Page  751. 

I  hereby  approve  the  within  bond.  Dated -  18 — . 

L - M - ,  Town  Clerk. 


Art.  VIII.  3.  Supervisor's  Book.  Page  751. 

A - B - ,  supervisor,  in  account  with  the  town  of 


Date. 

Town 

Dr. 

S  c. 

Date. 

Town 

Or. 

$ 

c. 

April  10,  18 — 

Paid  for  this  book 

75 

Dec.  1,  18 — 

By  cash  of  C.  D., 
town  collector 

150 

00 

Art.  VIII.  5,  Certificate  to  Supervisor's  Book ;  made  by  Justices  and  Town  Clerk. 

Page  751. 

We,  the  justices  and  town  clerk  of  the  town  of - ,  in - county,  Illinois,  hereby 

certify  that  we  have  examined  the  foregoing  account  [this  being  at  the  close  of  each  ac¬ 
counting']  and  find  the  same  correct,  showing  a  balance  of - dollars  in  the  hands  of 

Tor,  due  ' to 1  A - B - as  supervisor  of  said  town.  Dated - 18 — . 

0 - D - ,  J.  P. 

E - F - ,  J.  P. 

G -  II - ,  Town  Clerk. 

ART.  IX.  THE  TOWN  CLERK  AND  HIS  DUTIES. 

Art.  IX.  1.  File  Mark;  to  be  Indorsed  by  the  Town  Clerk  on  all  his  Papers.  Page  752. 
Filed  this - day  of -  18 — . 

A - B - ,  Town  Clerk. 

Art.  IX.  3.  Certificate  of  Town  Clerk ;  to  be  added  to  the  Copies  of  Entries  of  Votes 

for  Raising  Money ,  as  taken  from  Town  Book.  Page  752. 

I  hereby  certify  that  the  foregoing  are  true  copies  of  entries  of  votes  for  raising 


16 


Township  Organization  Forms. 


Art.  X.  Board  of  Auditors. 


moneys  made  since  the  last  meeting  of  the  board  of  supervisors,  and  recorded  in  the 

town  book  of  the  town  of - ,  in - county,  Illinois.  Dated -  18 — . 

A - B - ,  Town  Clerk. 

Art.  IX.  G.  Certificate  to  Copies  of  Papers  and  Records  ;  made  by  Town  Clerk.  Page 

752. 

I,  A - B— - ,  town  clerk  of  the  town  of - ,  in - county,  Illinois,  hereby  cer¬ 

tify  that  the  foregoing  is  a  true  copy  from  the  town  records  [or,  papers']  on  file  in  my 
office.  Dated 18 — . 

A - B - ,  Town  Clerk . 


ART.  X.  BOARD  OF  AUDITORS. 


Art.  X.  4.  Certificate  of  Town  Auditors  ;  to  be  Attached  to  Account.  Page  753. 

in - county,  Illinois,  hereby  certify  that  we 


We,  town  auditors  of  the  town  of  — 

have  examined  the  accounts  of  A - 

missioners  of  highways,  and  G - H- 


B- 


c- 


D- 


and  E- 


F- 


—  as  com¬ 
as  overseer  of  the  poor,  in  said  town.  That 
there  is  justly  due  as  between  said  officers  and  said  town  : 

From  [or,  to]  said  A -  B- 

From  [or,  to_  said  C - D- 

From  [or,  to  said  E -  F- 

From  [or,  to]  said  G - H - , 

And  that  there  is - dollars  in  the  hands  of  the  treasurer  of  said  commissioners  of 

highways,  due  said  town.  Dated - 18 — . 


dollars. 

dollars. 

dollars. 

dollars. 


L 

M 

— ,  Supervisor. 

N 

0 

— ,  Town  Clerk , 

P 

-Q- 

-,.r. 

p. 

R 

s 

-J 

p. 

Art.  X.  6.  Account  Against  Town,  with  Affidavit.  Page  753. 
Town  of - 


To  A- 


B- 


Dr. 


May  1,  18 — .  For - days’  services  as  supervisor  in  [state  how  employed] - dol¬ 

lars.  [  Other  items  may  be  added  ;  credits ,  if  any ,  should  also  be  given.] 


B- 


AJjidavit 

on  oath  states  that  the  above  account  for 


and  is  unpaid. 

Sworn  to  before  me  this - day  of 


dollars  is  correct  and  just, 
A - B - . 


18— 


C—  D- 


J.  P. 


Art.  X.  7 .  Certificate  by  Auditors  of  Claims  allowed.  Page  753. 

We,  town  auditors  of  the  town  of - ,  in - county,  Illinois,  hereby  certify  that  we 

have  allowed  the  following  accounts  against  said  town  : 

To  A - B - ,  for  [ state  the  nature  of  the  claim,]  $2.50. 

To  C - D - ,  for  [ state  the  nature  of  the  claim,]  $1.25. 

[And  so  with  all  the  accounts.] 

Dated - 18 — . 


E 

F 

— ;  Supervisor. 

G 

H 

— ,  Town  Clerk. 

L 

M 

,J.  P. 

N 

0 

,J.  P. 

Township  Organization  Forms.  17 

Art.  XIV.  Board  of  Supervisors.  —  Art.  XV.  County  Treasurer.  —  Art.  XVII.  Hoads,  etc. 


ART.  XLV.  BOARD  OF  SUPERVISORS. 

Art.  XIV.  2.  Request  for  Special  Meeting.  Page  756. 

To  A - B - ,  clerk  of  the  board  of  supervisors  in  - county,  Illinois  :  The  un¬ 

dersigned,  being  one  third  of  the  members  of  said  board,  hereby  request  that  a  special 

meeting  thereof  be  held  on  the - day  of - 18 — ,  at  the  court  house  in  said  county. 

Dated - 18—. 

[ Signed  by  at  least  one  third  of  all  the  members.~\ 

Notice  of  Special  Meeting  ;  for  Publication.  Page  756. 

Board  of  Supervisors.  —  Special  Meeting. 

% 

t Pursuant  to  a  request  of  one  third  of  the  members,  as  provided  by  law,  a  special  meet¬ 
ing  of  the  board  of  supervisors  of - county,  Illinois,  will  be  held  on  the - day  of 

-  18 — ,  at  the  court  house  in  6aid  county.  Dated - 18 — . 

§  A -  B - ,  Clerk 

Notice  of  Special  Meeting  to  be  sent  to  each  Supervisor.  Page  756. 

To  C - D - ,  supervisor:  Take  notice  that  in  pursuance  of  a  request  of  one  third 

of  the  members,  as  provided  by  law,  a  special  meeting  of  the  board  of  supervisors  of - 

county,  Illinois,  will  be  held  on  the - day  of - ,  at  the  court  house  in  said  county. 

Dated - 18—.  A - B - ,  Clerk. 


ART.  XV.  THE  COUNTY  TREASURER. 

% 

Art.  XV.  1.  County  Treasured  s  Acceptance.  Pagein. 

To  A - B - ,  clerk  of - county  court :  I  hereby  accept  the  office  of  county 

treasurer  of  said  county,  to  which  I  was  lately  elected  [or,  appointed .] 

Dated -  18—.  C - D - , 

County  Treasured s  Bond. 

We,  A  B  -  as  principal,  and  C -  D - and  E - F - as  sureties,  all 

of - county,  Illinois,  are  held  and  firmly  bound  to  the  board  of  supervisors  of  said 

county,  in  the  penal  sum  of  \to  be  fixed  by  the  supervisors ]  for  the  payment  of  which  well 
and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and  administrators  firmly 
by  these  presents. 

v  The  condition  of  the  above  bond  is  this :  Whereas  said  A - B - has  lately  been 

elected  [or,  appointed ]  county  treasurer  of  said  county,  and  has  accepted  the  office  :  Now 

if  the  said  A - -  B - -  shall  faithfully  execute  all  the  duties  of  his  office,  and  shall  pay, 

according  to  law,  all  moneys  which  shall  come  to  his  hands  as  such  treasurer,  and  render 
a  just  and  true  account  thereof  to  the  board  of  supervisors,  or  to  the  auditor  of  public 
accounts  of  this  state,  when  thereupon  required,  then  the  above  bond  shall  be  void,  other¬ 
wise  to  remain  in  full  force  and  effect.  Dated -  18 — . 

A - B - ,  {seal ) 

C - D - ,  {seal.) 

E - F - .  {seal.) 

ART.  XVII.  ROADS,  HIGHWAYS  AND  BRIDGES. 

1.  Clause  3. 

Note. — The  manner  in  which  these  provisions  are  to  be  carried  out  is  left  to  the  discretion  of  the  com¬ 
missioners.  It  is  suggested  that  a  proper  method  would  be  this  :  1.  lo  order  a  survey  ot  the  road  actu¬ 
ally  in  use.  2.  When  the  survey  is  received  to  give  notice  of  that  fact  and  afford  those  interested  an 
opportunity  to  contest  the  report;  and  3.  After  hearing  all  parties,  to  make  such  order  as  the  law  and 
facts  require.  In  accordance  with  the  above  suggestion,  the  following  forms  have  been  prepared  : 


18 


Township  Organization  Forms. 


Art.  XVII.  Roads,  Highways  and  Bridges. 

Art.  XVII.  1.  Clause  3.  Order  for  Survey  of  Old  Road.  Page  764. 

To  A - B - ,  surveyor :  You  are  hereby  directed  to  survey  and  plat  the  road  as 

now  actually  used  leading  from  [ describe  the  line  of  the  road~\  in  the  town  of - ,  in - 

county  of  Illinois.  Dated -  18 — .  C - D - ,  )  Commissioners 

E -  F - ,  l  .  of 

G - H - )  Highways. 

Surveyors  Report  ;  to  be  Attached  to  the  Foi'egoing  Order.  Page  764. 

I,  A - B - ,  surveyor,  in  pursuance  of  the  above  order  have  surveyed  and  platted 

the  road  therein  described,  commencing  [ here  describe  the  line  of  the  road  accurately ]  and 

find  the  same  to  be - feet  in  width  along  the  whole  of  said  line,  as  will  appear  by  the 

plat  thereof  hereto  annexed.  Dated -  18 — . 

A - B - ,  Surveyor. 

Note.  —  To  this  report  should  be  annexed  the  surveyor's  plat  of  the  road  showing  courses  and  dis¬ 
tances. 

% 

Notice  to  Parties  Interested  ;  Several  Copies  to  be  posted  along  the  Line  of  said  Road ,  Ten 

Days  before  the  Hearing.  Page  764. 

Notice. 

To  whom  it  may  concern :  Whereas  a  road  leading  from  [here  describe  the  line  of  the 

road~\  in  the  town  of - ,  in - county,  Illinois,  which  had  once  been  laid  out  but 

not  sufficiently  described  [or,  which  has  been  used  for  twenty  years  but  not  recorded ,]  has 
recently  been  surveyed  and  platted,  which  plat  is  on  file  with  the  town  clerk  :  All  parties 
interested  will  take  notice  that  a  hearing  thereon  will  be  had  at  [state  place  and  hour  of 
hearing ]  on  the - day  of - 18 — ,  before  the  undersigned,  when  and  where  the  cor¬ 

rectness  of  said  plat  and  survey  will  be  examined,  and  approved  if  correct. 

Dated - 18 — .  C - D - ,  )  Commissioners 

E - F - ,  [•  _  of 

G - H - ,  )  Highways. 

Note.  —  It  would  be  well  to  preserve  one  copy  of  the  notice,  and  attach  it  to  the  surveyor's  report.  After 
the  hearing,  the  commissioners  should  make  an  order  which  may  be  in  the  following  form : 

Order  Ascertaining  Old  Road.  Page  764. 

Whereas  a  road  leading  from  [here  describe  the  road~\  in  the  town  of - ,  in - 

county,  Illinois,  had  once  been  laid  out  and  not  sufficiently  described  [or,  has  been  used 
for  twenty  years  but  not  recorded ]  ;  and  whereas,  by  order  of  the  undersigned  a  new  survey 
thereof  was  lately  made,  as  will  appear  by  the  report  thereof,  accompanied  with  plat,  dated 
- 18 —  ;  and  whereas  due  notice  of  said  proceedings  has  been  given  to  all  parties  in¬ 
terested,  and  opportunity  allowed  for  objections  thereto  : 

Now  therefore,  having  heard  all  the  evidence  offered  touching  said  road,  and  being  fully 
advised  of  the  facts  therein,  it  is  hereby  ordered :  that  the  old  road  on  the  line  above  de¬ 
scribed,  of  the  width  of - feet,  is  by  us  hereby  ascertained,  and  will  be  entered  of  rec¬ 
ord  according  to  law.  Dated - 18 — . 

C - D - ,  4  Commissioners 

E - F - ,  [•  >  of 

G - H - ,  )  Highways. 

Note.  —  All  the  foregoing  papers  should  be  fastened  together,  filed  with  the  town  clerk,  and  by  him 
either  recorded  in  full  on  the  book  of  town  records,  or  carefully  preserved. 

Art.  XYII.  1.  Clause  5.  Division  of  Town  into  Road  Districts.  Page  764. 

We,  the  commissioners  of  highways  for  the  town  of - ,  in - county,  Illinois,  here¬ 

by  divide  said  town  into  road  districts,  and  each  inhabitant  thereof,  liable  to  work  on  the 
highways,  is  hereby  assigned  to  perform  such  work  in  the  district  where  he  now  resides ; 
said  districts  are  as  follows  : 

■  i 


Township  Organization  Forms. 


19 


Art.  XVI'I.  Roads,  Highways  and  Bridges. 

District  1.  [  Describe  it  by  boundaries  or  sections .] 

District  2.  [*Saw<?  as  before ,  and  continue  with  the  rest. ] 

Dated - 18 — .  A - B - ,  )  Commissioners 

C - D - ,  t  Of 

E -  F - ,  )  Highways. 


Art.  XVII.  2.  Bond  of  Treasurer  of  the  Commissioners  of  Highways.  Page  765. 

We,  A - B -  as  principal,  and  C - D -  and  E -  F -  as  sureties,  all 

of  the  town  of - ,  in - county,  Illinois,  are  held  and  firmly  bound  to  G - H - , 

supervisor  of  said  town,  and  to  his  successors  in  office,  in  the  penal  sum  of - dollars, 

for  the  payment  of  which  well  ancl  truly  to  be  made,  we  bind  ourselves,  our  heirs,  execu¬ 
tors  and  administrators  firmly  by  these  presents. 

The  condition  of  the  above  bond  is  this: 

Whereas  said  A -  B - was  lately  chosen  treasurer  of  the  board  of  commissioners 

of  highways  for  said  town,  and  is  about  to  enter  upon  the  duties  thereof :  Now,  if  the  said 

A -  B - shall  faithfully  discharge  his  duties  as  such  treasurer,  and  shall  honestly 

and  faithfully  account  for,  and  pay  over  upon  the  order  of  the  commissioners  of  highways 
of  said  town,  all  moneys  that  shall  come  to  his  hands  by  virtue  of  his  said  office,  then  this 
obligation  shall  be  void,  otherwise  to  remain  in  full  force  and  effect. 

Witness  our  hands  and  seals  this - day  of -  18 — . 

A -  B - ,  (seal.) 

C -  D - ,  (seal.) 

E - F - .  (seal.) 


Art.  XVII.  3.  Account  of  Commissioners  of  Highways.  Page  765. 

To  the  board  of  town  auditors  of  the  town  of - ,  in  -  county,  Illinois :  The 

annual  account  of  the  commissioners  of  highways  of  said  town,  for  the  year  ending - 

18 — ,  is  as  follows  : 

1.  The  labor  assessed  in  said  town  was - days;  the  labor  performed  was - days, 

as  shown  by  the  returns  of  overseers  of  highways. 

2.  We  have  received  from  fines  and  commutations  and  all  other  sources,  the  sums 
following : 

May  10,  18 — .  From  A - B - ,  overseer,  balance  due  .  .  .  $3  60 

June  8,  18 — .  From  C - D - ,  penalty  for  [ state  why  imposed]  .  .  10  00 

[  Continue  with  any  other  items  in  like  manner .]  - 

Total  .  .  $13  60 

3.  The  improvements  necessary  on  roads  and  bridges  are  \Jiere  state  them.~\  The 

probable  expense  thereof,  beyond  what  the  assessed  labor  and  road  tax  will  accomplish, 
we  estimate  at - dollars. 

4.  The  expenses  and  damages  in  consequence  of  laying  out,  altering,  and  discontinuing 
roads,  is  as  follows :  [ Here  state  them ,  giving  the  items.'] 

5.  Received  from  town  collector  to  this  date -  dollars,  which  is  all  the  money 

received.  Paid  out  as  follows  : 

To  E -  F - ,  for - days’  labor  working  on  road  at  \_state  where]  .  $  - 

To  G -  H - ,  in  full  for  repairing  bridge  at  \_state  where]  .  .  .  - 

Balance  due  to  [or,  from]  said  town - dollars. 

Dated - 18 — .  L - M - ,  I  Commissioners 

N- -  O - ,  [•  _  of 

P - Q - ,  )  Highivays. 


Art.  XVII.  7.  Assessment  of  Highway  Labor  and  Road  Tax.  Page  7  65. 

We,  the  commissioners  of  highways  for  the  town  of - ,  in - county,  Illinois,  do 

hereby  ascertain,  estimate  and  assess  on  the  persons  and  property  liable  thereto  by  law, 


20 


Township  Organization  Forms. 


Art.  XVII.  Roads,  Highways  and  Bridges. 

highway  labor  and  road  tax  to  be  performed  and  paid  in  said  town  the  next  ensuing 
year,  as  follows  :  On  each  male  inhabitant  therein  [two']  days’  labor.  On  each  one  hun¬ 
dred  dollars’  worth  of  property  therein,  as  valued  on  the  assessment  roll  of  the  past  year, 
[twenty']  cents  road  tax.  Dated - 18 — . 

A - B - .  )  Commissioners 

C -  D - ,  t  of 

E - F - ,  )  Highways. 


Art.  XVII.  8.  List  of  Highway  Labor  Assessed.  Page  7  65. 

We,  the  commissioners  of  highways  for  the  town  of - ,  in - county,  Illinois,  hav¬ 

ing  assessed  on  the  persons  liable  thereto  by  law,  the  highway  labor  to  be  performed  in 
said  town  the  next  ensuing  year,  namely:  On  each  male  inhabitant  [two]  days’  labor,  do 
hereby  list  the  highway  labor  in  road  district  [one]  thereof  as  follows: 


Names. 

No.  Days’  Labor. 

A 

B 

2 

C 

D 

2 

Which  list  the  town  clerk  is  hereby  directed  to  copy. 

Dated -  18 — .  E -  F - ,  I  Commissioners 

G -  I  I - ,  •  of 

L - M - ,  )  Highways. 

List  of  Road  Tax  Assessed.  Page  765. 

We,  the  commissioners  of  highways  for  the  town  of - ,  in - county,  Illinois,  hav¬ 

ing  assessed  on  the  persons  and  property  liable  thereto  by  law,  the  road  tax  to  be  paid 
in  said  town  the  next  ensuing  year,  namely  :  On  each  one  hundred  dollars’  worth  of 
property  therein  as  valued  on  the  assessment  roll  of  the  past  year,  [twenty]  cents  road 
tax,  do  hereby  list  the  road  tax  in  road  district  [one]  thereof  as  follows : 


Owner’s  Name. 

Description. 

Acres. 

Value  per 
Acre. 

$  c. 

Total  Value. 

$5  c. 

Road  Tax. 

$  c. 

Value  of  Per. 
Property. 

9  c. 

Road  Tax. 

$  c . 

Total  Tax. 

$  c. 

A  B 

| 

1 

| 

1 

i 

1 

j 

Which  list  the  town  clerk  is  hereby  directed  to  copy. 

Dated - 18 — .  E -  F - ,  1  Commissioners 

G - H - ,  l  of 

L -  M - ,  )  Highways. 

Art.  XVII.  IS.  Notice  of  Assessment  of  Road  Tax.  Page  766. 

Road  Tax  Notice. 

Notice  is  hereby  given  that  [twenty]  cents  on  each  one  hundred  dollars’  worth  of  prop¬ 
erty  in  the  town  of - ,  in - county,  Illinois,  as  valued  on  the  assessment  roll  of  the 

past  year,  has  been  assessed  as  road  tax  for  the  ensuing  year,  and  that  all  persons  inter¬ 
ested  can  pay  the  same  in  labor  on  the  highways,  under  the  direction  of  the  overseer  of 

highways  for  the  district  where  the  property  is  situated.  Dated -  18  —  . 

A - B - ,  Town  Cleric. 


Art.  XVII.  14.  Statement  of  Cost  of  Expensive  Bridge.  Page  766. 

To  the  town  auditors :  We,  the  commissioners  of  highways  for  the  town  of - ,  in 


Township  Organization  Forms. 


21 


Art.  XVII.  Roads,  Highways  and  Bridges. 


county,  Illinois,  state  that  a  bridge  is  necessary  at  [ describe  the  place']  in  said  town,  and 
that  the  amount  necessary  for  the  construction  thereof  is  as  follows  : 


Total  cost  of  the  bridge  will  be  . 

•  •  •  • 

•  • 

.  $500  00 

Can  be  raised  by  ordinary  road  tax 

•  •  • 

•  •  • 

300  00 

Balance  needed 

•  •  •  • 

•  • 

.  $200  00 

Dated - 18 — . 

A 

—  B - ,) 

Commissioners 

C 

—  » - ■, 

of 

E 

—  F - ,) 

Highways. 

Certificate  Annexed  Thereto ;  made  by  Town  Auditors.  Page  760. 

To  the  board  of  supervisors  of - county,  Illinois  :  We,  the  town  auditors  for  the 

town  of - in  said  county,  hereby  certify  that  the  foregoing  statement  has  been  made 

to  us,  and  appears  to  be  correct.  Dated - 18 — . 

G -  H - ,  Supervisor. 

L -  M - ,  'Town  Cleric. 

N - 0 - ,  J  P. 

P—  Q - ,  J.  P. 

Art.  XVII.  15.  Petition  for  Building  or  Repairing  Bridge.  Page'll. 

To  the  board  of  supervisors  of  -  county,  Illinois :  We,  legal  voters  of  said 

county,  represent  that  a  bridge  [or,  road]  at  \_state  the  place]  needs  to  be  constructed  [or, 
repaired ,]  and  that  the  same  has  been  improperly  neglected  by  the  town  wherein  the 
same  is  situate :  Wherefore  we  ask  that  the  same  may  be  remedied  according  to  law. 

Dated - 18 — . 

\_Signed  by  at  least  25  voters.] 

Art.  XVII.  90.  Contract  for  Bridge  on  Town  Line  by  Two  Towns.  Page  767. 

This  contract  between  A -  B - ,  C - D - and  E -  F - ,  commissioners 

of  highways  for  the  town  of - ,  in  -  county,  Illinois,  and  G -  H - ,  L - 

M -  and  N -  O - ,  commissioners  of  highways  for  the  town  of -  in  - 

county,  Illinois,  all  of  the  first  part;  and  P -  Q - ,  of  the  second  part,  witnesseth: 

That  whereas,  said  towns  are  jointly  liable  to  build  [or,  repair]  a  bridge  at  [ here  describe 
the  place.]  Now  therefore,  said  parties  have  and  do  hereby  agree : 

1.  That  said  second  party  is  to  build  a  bridge  at  said  place  of  the  following  descrip¬ 
tion  and  materials  :  [ state  fully.] 

2.  That  the  same  is  to  be  fully  completed  by  the - day  of - 18 — . 

3.  That  said  first  parties  will  pay  therefor  the  sum  of - dollars;  whereof  the  com¬ 
missioners  of  highways  for  said  town  of - will  pay -  dollars  ;  and  the  commis¬ 
sioners  of  highways  for  the  town  of - will  pay - dollars. 

4.  That  such  payment  is  to  be  made  on  and  after  the  [ state  the  date  of  payment.]  Wit¬ 
ness  our  hands  this - day  of - 18 — . 


A 

B - ,) 

)  Commissioners 

C 

-D - , 

>-  of  Highways , 

E 

-F - J 

|  town  of - . 

G 

H  ,' 

)  Commissioners 

L 

-  M - , 

>-  of  Highways , 

N* 

-  0 - , . 

)  town  of - . 

P -  Q - , 


•  Art.  XVII.  91.  Notice  to  Rebuild  or  Repair  Bridge.  Page  767. 

'  To  the  commissioners  of  highways  for  the  town  of - in  -  county,  Illinois  : 

You  are  hereby  notified  to  perform  your  proportion  of  rebuilding  [or,  repairing]  a  bridge 
at  [ describe  the  place]  which  bridge  the  towns  of - and - are  jointly  liable  to  re¬ 

build  [or,  repair,]  and  that  unless  you  comply  herewith  within  a  reasonable  time,  the 


22 


Township  Organization  Forms. 


Art.  XVII.  Roads,  Highways  and  Bridges. 

undersigned  will  perform  said  work,  and  proceed  against  you  for  your  proportion  of  the 
expense  thereof,  according  to  law.  Dated -  18 — . 

A -  B - ,  I  Commissioners 

C -  D - ,  v  of  Highways , 

E -  F - ,  )  town  of  - . 

Art.  XVII.  34.  Clause  4.  List  of  those  Liable  to  perform  Highway  Labor.  Page  7  67. 

I,  A - B - ,  overseer  of  highways  in  road  district  [ onef  in  the  town  of - ,  in 

- county,  Illinois,  hereby  certify  that  the  names  of  all  the  inhabitants  in  said  district 

liable  to  work  on  the  highways  are  as  follows : 


Names. 

Names. 

A  B 

C -  D 

Dated  — 

18  . 

A 

B 

• 

Art.  XVII.  35.  Appointment  of  Overseer.  Page  767. 

Whereas  a  vacancy  has  occurred  in  the  office  of  overseer  of  highways  for  road  district 
[ one ]  in  the  town  of  ,  in  county,  Illinois:  Now  therefore,  we,  the  commis¬ 
sioners  of  highways  for  said  town,  hereby  appoint  A B to  fill  said  vacancy. 

Dated - 18 — -.  C -  D - ,  I  Commissioners 

■  E -  F - ,  t  of 

G - H - ,  )  Highways. 

Art.  XVII.  38.  Notice  to  perform  Highway  Labor.  Page  768. 

To  A -  B - :  You  are  notified  to  appear  at  \_state  place  of  working ],  on  \_state 

the  dayf  at - o’clock,  in  the  forenoon,  with  \_state  implements ],  to  perform  [two~\  days 

highway  labor  assessed  against  you  as  an  inhabitant  of  road  district  [ one~\  in  the  town 
of  — — ,  in - county,  Illinois,  for  18—.  Dated - 18  —  . 

C -  D - ,  Overseer  of  Highways. 

Art.  XVII.  3©.  Summons  for  Delinquent.  Page  7  69. 

State  of  Illinois, -  county.  The  people  of  the  sfate  of  Illinois  to  any  constable 

of  the  town  of - in  said  county :  Complaint  on  oath  having  been  made  before  me 

by  A - B - ,  overseer  of  highways  for  road  district  [owe]  in  said  town,  that  C - 

D - ,  an  inhabitant  thereof,  after  due  notice  has  neglected  to  perform  the  highway 

labor  assessed  therein  against  him  for  the  year  18 —  [or,  has  neglected  to  furnish  team  or 
implements  for  highway  labor~\  as  required  bylaw;  You  are  therefore  commanded  to  sum¬ 
mon  said  C - D - to  appear  forthwith  before  me  at  my  office  in  said  town,  to  show 

cause  why  he  should  not  be  fined  according  to  law  for  such  neglect.  Witness  my  hand 
and  seal  this - day  of - 18 — .  E -  F - ,  J.  P.  (seal.) 


Art.  XVII.  37”.  Docket  Entry  on  Complaint  against  Road  Delinquent.  Page  769. 

State  of  Illinois, - county.  Before  E - F - ,  Justice. 

The  people  of  the  State  of  Illinois  1  Complaint  for  not 
vs.  >*  performing 

C -  D - .  )  Highway  labor. 

On  the  - day  of -  18 — ,  A -  B - ,  overseer  of  highways  for  road  district 

[one~\  in  the  town  of - in  said  county,  complains  of  C - D - for  neglect  to  per¬ 

form  highway  labor  [or,  as  the  case  may  be~\ ,  as  required  by  law.  Summons  issued  to 

constable  G - H - for  a  hearing  forthwith,  and  returned  with  defendant  in  court. 

The  proofs  and  statements  of  the  parties  are  heard,  and  the  complaint  is  found  true, 


Township  Organization  Forms. 


23 


Art.  XVII.  Roads,  Highways  and  Bridges. 

whereupon  a  fine  of - dollars  is  imposed,  for  which,  together  with - dollars  costs 

herein,  a  judgment  is  rendered  against  said  C -  D - .  E -  F - ,  J.  P. 

Warrant  Issued  Thereon .  Page  7G9. 

State  of  Illinois, - county.  The  people  of  the  state  of  Illinois  to  any  constable  of 

the  town  of -  in  said  county  :  We  command  you  that  of  the  goods  and  chattels  of 

€ -  D - in  }our  county,  you  levy  and  make  the  sum  of  - dbllars  fine  and - 

dollars  cost,  which  the  people  of  the  state  of  Illinois  lately  recovered  before  me  in  a 

certain  plea  against  the  said  C - D - ,  and  hereof  make  return  to  me  how  you  have 

executed  this  writ.  Given  under  my  hand  and  seal  this - day  of -  18 — . 

E - F - ,  J.  P.  {seal.) 

* 

Note.  —  The  duty  of  the  constable  with  the  foregoing  writ,  is  to  levy  and  sell  as  under  an  ordinary 
execution. 

Art.  XVII.  44.  Affidavit  to  Delinquent  Road  Tax  List.  Page  769. 

I,  A -  B - ,  overseer  of  highways  for  road  district  [owe]  in  the  town  of - ,  in 

- county,  Illinois,  on  oath  say  that  on  all  tracts  of  land  described  in  the  annexed  list, 

and  on  all  personal  property  therein  specified,  opposite  which  the  word  “Paid”  is  not 
written,  such  tax  is  due  and  remains  unpaid,  according  to  the  best  of  my  belief  and 

knowledge.  A -  B - . 

Sworn  to  before  me  this - day  of - 18 — .  E - F - ,  J.  P. 

Art.  XVII.  4®.  Annual  Account  of  Overseer.  Page  770. 

To  the  commissioners  of  highways  for  the  town  of - ,  in - county,  Illinois  :  I, 

A -  B - ,  overseer  of  highways  for  road  district  [owe]  in  said  town,  render  the  fol¬ 

lowing  account: 

1.  The  names  of  all  persons  assessed  to  work  on  highways  in  said  district  are : 


Names. 

Names. 

A  B 

E -  F 

2.  The  names  of  all  those  who  have  actually  worked  on  the  highway,  and  the  number 
of  days : 


Name. 

Days. 

Name. 

Days. 

G  H 

3.  The  names  of  all  those  who 

2 

lave  been 

L  M 

fined,  and  the  amounts  : 

9 

■mJ 

Name. 

Amount. 

Name. 

Amount. 

X  0 

4.  The  names  of  all  those  who 

$3 

have  comn 

p  Q 

nuted,  and  the  amount  paid  by  eac 

$6 

b: 

Name. 

Amount. 

Name. 

Amount. 

R  S 

u 

T  U 

$4 

Total  sum  received  from  fines  and  commutations,  -  dollars.  I  have  expended 

- dollars  for  \_state  what  for  ;]  I  have  in  my  hands  unexpended - dollars. 

5.  The  amount  of  uncollected  land  road  tax  is - dollars  ;  and  of  uncollected  per¬ 
sonal  property  tax  is - dollars.  Dated - 18 — .  A -  B - . 


24 


Township  Organization  Forms. 


Art.  XVII.  Roads,  Highways  and  Bridges. 


Art.  XVII.  5?5.  Award  of  Damages  for  taking  Material  for  Road.  Page  770. 

Whereas,  in  pursuance  of  law,  A - B -  and  C - D - —  have  been  chosen  by 


E- 


F- 


in 


-,  the  overseer  of  highways  for  the  town  of- 

M - and  N - O - have  been  chosen  by  G- 


county,  llbnois  ;  and 
H - ,  owner  of 


whereas  Li¬ 
the  following  land  \_here  describe  it],  all  four  so  chosen  being  householders  in  said  town, 
and  selected  to  assess  the  damages  which  said  owner  will  sustain,  by  reason  of  the 
taking  of  certain  iriaterial,  namely  :  [describe  what  is  to  be  taken]  which  taking  has  been 
found  necessary  for  the  building  [or,  repairing]  of  a  certain  bridge  [or,  causeway]  at 
[describe  the  place],  in  said  road  district,  said  owner  not  consenting  thereto :  Now 

therefore,  we,  the  said  four  householders,  [and  P - -  Q - ,  the  umpire  by  us  chosen , 

if  there  be  one.]  having  viewed  the  premises  and  heard  the  parties,  do  hereby  assess  the 


damages  to  said  G- 


H - ,  by  the  taking  of  said  material,  at 


hereby  awarded  to  him  therefor.  Witness  our  hands  this - day  of 


dollars,  which  is 
18—. 


A- 

C- 

L- 

N- 

P- 


-  B - , 

-  D - , 

-M - , 

-  O - , 

-  Q - . 

Art.  XVII.  53.  Award  of  Damages  for  Ditch  or  Drain.  Page  771. 

Whereas,  in  pursuance  of  law,  A - B - and  C - D -  have  been  chosen  by 

E -  F - ,  the  overseer  of  highways  for  the  town  of - ,  in - county,  Illinois  ; 

and  whereas  L - M -  and  N - -  0 -  have  been  chosen  by  G -  H - , 

owner  of  the  following  land  [here  describe  it ],  all  four  so  chosen  being  householders  in 
said  town,  and  selected  to  assess  the  damages  which  said  owner  will  sustain,  by  reason 
of  the  opening  of  a  ditch  across  said  land  which  has  been  found  necessary  for  road  pur¬ 
poses,  said  owner  not  consenting  thereto:  Now  therefore,  we,  the  said  four  householders, 

[and  P -  Q - the  umpire  by  us  chosen ,  if  there  be  one,]  having  viewed  the  premises 

and  heard  the  parties,  do  hereby  assess  the  damages  to  said  G - H - ,  B.  snhi  r1.'foh. 

at - dollars,  which  sum  is  hereby  awarded  to  him  therefor.  Witness  our  han  ua  LliiS 


day  of 


18—. 


Art.  XVII.  54.  Petition  for  Discontinuing  Road.  Page  771. 
To  the  commissioners  of  highways  for  the  town  of 


A 

B 

C 

I) 

L 

M 

N 

0 

P 

-  Q - 

in 


—  county,  Illinois. 

The  undersigned,  legal  voters  residing  within  three  miles  of  the  following  road  [here  de¬ 
scribe  it,]  hereby  petition  you  to  discontinue  the  same.  Dated - 18 — . 

[  Twelve  or  more  signatures.] 


Petition  for  Altering  a  Road.  Page  771. 
To  the  commissioners  of  highways  for  the  town  of 


in 


—  county,  Illinois. 

The  undersigned,  legal  voters  residing  within  three  miles  of  the  following  road  [describe 
it  as  it  w,]  hereby  petition  you  to  alter  said  road  to  be  as  follows  :  [describe  it  as  you  want 
it  to  be  made  ]  Dated - 18 — .  [  Twelve  or  more  signatures.] 


Petition  for  New  Road.  Page  771. 
To  the  commissioners  of  highways  for  the  town  of 


in 


county,  Illinois. 


The  undersigned,  legal  voters  residing  within  three  miles  of  the  following  route  [here  de¬ 
scribe  the  line  of  the  road  as  wanted ],  hereby  petition  you  to  lay  out  anew  road  the  reon, 
of  the  width  of  [four]  rods,  and  cause  the  same  to  be  opened  according  to  law. 

The  names  of  the  owners  of  the  lands  over  which  said  road  is  to  pass  are  A - 

B— — C — —  D - and  E - F - ;  *  [or,  are  unknown.]  Dated - 18 — . 

[  Twelve  or  more  signatures.] 


Township  Organization  Forms. 


25 

Art.  XVII.  Hoads,  Highways  and  Bridges. 


[In  case  a  part  of  the  owners  are  unknown,  there  should  he  a  further  statement  in  this 
form  :]  *  And  said  route  is  also  to  pass  over  certain  lands  whereof  the  owners’  names 
are  unknown,  which  lands  are  described  as  follows  :  [describe  the  lands.~\ 

Art.  XVII.  Od.  Notice  of  Petition  ;  to  be  posted  for  twenty  days.  Page  771. 

Road  Notice. 

Notice  is  hereby  given  that  after  the  expiration  of  twenty  days  from  the  date  thereof,  a 
petition  whereof  ti  e  following  is  a  copy  will  be  presented  to  the  commissioners  of  high¬ 
ways  therein  named. 

[Here  copy  the  petition  ;  copy  also  the  names.~\ 

Note.  —  Three  of  the  above  notices  having  been  posted  as  the  law  requires,  the  person  who  posted  them 
should  attach  to  the  original  petition  his  affidavit  of  the  posting,  which  may  be  in  this  form  : 

Affidavit  that  Notices  have  been  Posted.  Page  771. 

State  of  Illinois, -  county.  A - B -  on  oath  states  that  on  the - day  of 

-  18 —  he  posted  three  copies  of  the  foregoing  petition,  at  three  of  the  most  public 

places  in  the  town  of - ,  in - county,  Illinois,  to  wit :  [state  where  postedk] 

A - B - . 

Sworn  to  before  me  this - day  of - 18 — . 

C - D - ,  /.  P. 

Art.  XVII.  57,  Notice  of  the  Hearing  ;  given  by  the  Commissioners.  Page  771. 

Road  Notice. 

A  petition  having  been  presented  to  the  commissioners  of  highways  for  the  town  of 

- ,  in -  county,  Illinois,  for  a  new  road  on  the  following  route,  [describe  it.~\  Said 

commissioners  hereby  give  notice  that  on  the - day  of - 18 — ,  at  [state  the  place 

of  hearing ],  at - o’clock  in  the  forenoon,  they  will  meet  to  hear  any  reasons  that  may 

be  offered  for  or  against  laying  out  said  road.  Dated -  18 — . 

A - B - ,  1  Commissioners 

C - D - ,  of 

E - F - ,  )  Highways. 

Note.  —  The  foregoing  form  can  easily  be  varied  to  suit  a  petition  for  altering  or  discontinuing  a  road. 
But  in  case  the  commissioners  should  determine  not  to  alter,  discontinue,  or  lay  out  any  road  so  petitioned 
for,  that  fact  must  be  noted  on  the  back  of  said  petition,  and  may  be  in  the  following  iorm  : 

I 

Art.  XVII.  58.  Denial  of  Road  Petition.  Page  771. 

The  commissioners  of  highways  to  whom  the  within  petition  is  directed,  have  duly  con¬ 
sidered  the  same,  and  have  determined  not  to  lay  out  the  road  therein  named. 

Dated - 18 — .  A - B - ,  )  Commissioners 

C - D - ,  V  of 

E - F - ,  )  Highways. 

Report  of  Survey  ;  either  for  New  Road ,  Alteration ,  or  Discontinuance.  Page  771. 

To  the  commissioners  of  highways  in  the  town  of  - ,  in  -  county,  Illinois  : 

Pursuant  to  your  directions  I  have  surveyed  a  road,  the  correct  description  of  which  is 
as  follows  :  [give  the  correct  description ]  and  a  plat  thereof  in  form  as  required  by  law. 
accompanies  this  report.  Dated - 18 — . 

G — : — -  H - ,  Surveyor  of - county. 

Note.  — In  case  of  alteration  or  discontinuance,  it  might  be  well  to  let  the  plat  show  the  old  road  as 
well  as  the  new. 

Order  laying  out  New  Road.  Page  771. 

Whereas  a  petition  signed  by  twelve  legal  voters  was  presented  to  the  commissioners 
of  highways  for  the  town  of - ,  in - county,  Illinois,  due  notice  whereof  had  first 


26 


Township  Organization  Forms. 


Art.  XVII.  Roads,  Highways  and  Bridges. 


been  given,  praying  that  the  following  new  road  might  be  laid  ont  and  opened,  namely: 
[ here  describe  the  road  as  in  the  petition  ;]  which  voters  all  resided  within  three  miles  of 
said  proposed  road  ; 

And  whereas  said  commissioners  did,  on  the - day  of  - 18 — ,  meet  and  hear  all 

reasons  offered  for  or  against  said  proposed  road,  due  notice  of  the  time  and  place  of  said 
meeting  having  first  been  given  to  all  parties  interested  as  the  law  requires,  and  having 
personally  examined  said  route,  and  being  therein  fully  advised,  thereupon  determined  to 
lay  out  such  new  road,  the  public  interest  so  requiring  ; 

And  whereas  afterwards,  said  commissioners  caused  a  survey  of  said  proposed  road  to 
be  made  by  a  competent  surveyor,  in  the  manner  required  by  law,  which  survey  and  the 
plat  accompanying,  is  hereto  attached  and  made  part  of  this  order; 

Now  therefore,  we  the  said  commissioners,  by  virtue  of  the  above  recited  facts,  and  in 
pursuance  of  law,  do  hereby  declare  that  the  road  set  forth  in  the  said  survey  and  plat  is 

a  public  highway - rods  wide,  and  that  the  line  of  said  survey  is  the  center  thereof; 

and  we  do  further  order  that  said  road  be  opened  and  worked  as  the  law  requires. 

Dated - 18 — .  A - B - ,  )  Commissioners 

C- - D - ,  [•  of 

E - F - ,  )  Highways. 


Note.  —  The  report  and  plat  of  the  surveyor  should  be  attached  to  the  foregoing  order ;  also  to  the 
next. 


Order  Altering  a  Road.  Page  771. 


Whereas  a  petition  signed  by  twelve  legal  voters  was  presented  to  the  commissioners 

of  highways  for  the  town  of - ,  in - county,  Illinois,  due  notice  whereof  had  first 

been  given,  praying  that  the  road  now  running  as  follows:  [^describe  the  line  of  the  old 
road, ]  might  be  altered  to  run  as  follows:  [ describe  the  new  line  ;]  which  voters  all  resided 
within  three  miles  of  said  road  ; 

And  whereas  said  commissioners  did,  on  the - day  of  - 18 — ,  meet  and  hear  all 

reasons  offered  for  or  against  said  proposed  alteration,  due  notice  of  the  time  and  place  of 
said  meeting  having  first  been  given  to  all  parties  interested  as  the  law  requires,  and  hav¬ 
ing  personally  examined  said  route,  and  being  therein  fully  advised,  thereupon  determined 
to  make  the  said  alteration,  the  public  interest  so  requiring ; 

And  whereas  afterwards,  said  commissioners  caused  a  survey  of  said  alteration  to  be 
made,  [ including  the  line  of  the  old  road ,  if  included,]  by  a  competent  surveyor,  in  the 
manner  required  by  law,  which  survey  and  the  plat  accompanying,  is  hereto  attached  and 
made  part  of  this  order: 

Now  therefore,  we  the  said  commissioners,  by  virtue  of  the  above  recited  facts,  and  in 
pursuance  of  law,  do  hereby  declare  that  the  new  line  of  said  road  as  set  forth  in  the  said 

survey  and  plat  is  a  public  highway - rods  wide,  and  that  the  line  of  said  survey  is  the 

center  thereof ;  and  we  do  further  order  that  said  road  as  hereby  altered  be  opened  and 

worked  as  the  law  requires.  Dated -  18 — .  A — —  B - ,  I  Commissioners 

C- -  D - ,  [  of 

E -  F - ,  )  Highways. 


Note.  —  The  preceding  form  can  easily  be  varied  to  suit  a  discontinuance  of  road,  omitting  the  part  about 
“  survey.” 

Art.  XVII.  63.  Agreement  concerning  Road  Damages.  Page  772. 

Whereas  on  the - day  of -  18 — ,  an  order  was  made  in  pursuance  of  law,  by  the 

commissioners  of  highways  for  the  town  of - .  in  - county,  Illinois,  for  laying  out  a 

road  as  follows :  [ here  describe  it  as  in  the  order ,]  which  road  is  supposed  to  damage  the 
following  land  :  \Jiere  describe  it.  ;]  Now  therefore  it  is  hereby  agreed  between  the  com¬ 
missioners  of  highways  of  said  town,  and  L - M -  owner  of  said  land,  that  the 

damage  to  said  land,  by  the  laying  out  and  opening  and  working  of  said  road,  is - dol¬ 
lars,  after  deducting  all  benefits  and  advantages.  Dated -  18 — . 

A - B - ,  I  Commissioners 

C - D - ,  [•  of 

E - F - ,  )  Highways. 

L - M - . 


Township  Organization  Forms. 


27 


Art.  XVII.  Roads,  Highways  and  Bridges. 

Release  of  Hoad  Damages.  Page  772. 

Whereas  on  the  - day  of - 18 — ,  an  order  was  made  in  pursuance  of  law,  by  the 

commissioners  of  highways  for  the  town  of - ,  in - county,  Illinois,  for  laying  out  a 

road  as  follows  :  \_here  describe  it  as  in  the  order .]  which  road  is  supposed  to  damage  the 
following  land  ;  [ describe  it.~] 

Now  therefore  I,  A - B - ,  owner  of  said  land,  in.  consideration  of  the  premises 

and  of  the  benefit  of  said  road  to  me,  [or,  in  consideration  of - dollars ,]  do  hereby 

release  all  damages  sustained  by  me  by  the  laying  out,  opening  and  working  of  said  road. 

Dated - 18 — .  A - B - .  {seal.) 

Assessment  of  Damages  ;  made  by  the  Commissioners.  Page  772. 

Whereas  on  the - day  of - 18 — ,  an  order  was  made  in  pursuance  of  law,  by  the 

commissioners  of  highways  for  the  town  of - ,  in - county,  Illinois,  for  laying  out  a 

road  as  follows  :  \_here  describe  it  as  in  the  order, ]  by  reason  whereof  damages  are  claimed 
by  the  owners  of  the  following  lands : 


Description  of  Tract 


Owner. 


S.  E.  j  sec.  10,  town - range 


A - B 


And  whereas  said  commissioners  and  said  owners  are  unable  to  asree  on  said  dam- 
ages  ;  Now  therefore,  we  the  commissioners  of  highways  for  said  town,  in  pursuance  of 
law,  hereby  assess  the  damages  at  what  we  deem  just  and  right,  to  each  of  said  individual 
claimants,  (having  first  estimated  and  deducted  the  advantages  and  benefits,)  by  reason  of 
the  laying  out,  opening  and  working  of  said  road,  as  follows  : 

To  A - B - ,  $250. 

To  C -  D - ,  100. 

\And  so  on  through  the 

Dated - 18 — .  E - F— - — , 'I  Commissioners 

G - H - ,  [•  of 

L - M - ,  )  Highways. 

Art.  XYII.  64.  Petition  to  the  Supervisors  for  Relocation  of  State  Road.  Page  772. 

To  the  board  of  supervisors  of - county,  Illinois  :  The  undersigned,  legal  voters  of 

said  county,  residing  within  three  miles  of  the  following  state  road  [ describe  it  as  it  is. ] 
represent  that  the  public  interest  requires  said  road  to  be  relocated  and  be  as  follows: 
[ describe  it  as  you  want  it  to  be  made\  for  which  change  we  do  hereby  petition. 

Dated -  18 — .  [  Thirty -five  signatures ,  at  least. ] 


Petition  to  the  Supervisors  for  Vacation  of  State  Road.  Page  772. 

To  the  board  of  supervisors  of - county.  Illinois  :  The  undersigned,  legal  voters  of 

said  county,  residing  within  three  miles  of  the  following  state  road  \_here  describe  it,~\ 
represent  that  the  same  is  useless  and  burthensome,  and  that  the  public  interest  requires 
the  same  should  be  vacated,  for  which  we  do  hereby  petition.  Dated -  18 — . 

[ Thirty-five  signatures ,  at  least.~\ 

Notice  to  Viewers  ;  to  be  attached  to  Petition.  Page  772. 

To  A - B - ,  C - D -  and  E - F - :  Take  notice  that  the  board  of 

supervisors,  in  pursuance  of  law,  have  appointed  you  to  be  viewers  to  examine  the  road 
set  forth  in  the  foregoing  petition.  Dated - 18 — . 

G - H 


Clerk. 


28 


Township  Organization  Forms. 


Art.  XVII.  Roads,  Highways  and  Bridges. 


Oath  of  Viewers  ;  to  he  attached  after  the  above  Notice.  Page  772. 

State  of  Illinois, - county.  We  do  solemnly  swear  that  we  will  faithfully  and  im¬ 

partially  perform  our  duties  as  viewers  of  the  road  set  forth  in  the  foregoing  petition. 

A - B - , 

C - D - , 

E - F - . 

Sworn  to  before  me  this - day  of - 18 — . 

L - M - ,  J.  P. 

Art.  XVII.  6»J>.  Report  of  Viewers.  Page  772. 

To  the  board  of  supervisors  of - county  :  We,  the  viewers  appointed  by  your  board 

in  pursuance  of  the  foregoing  petition,  hereby  report  that  after  being  duly  sworn  we 
proceeded  to  examine  the  old  road  described  in  said  petition,  to  wit:  [ describe  it,]*  and 
find  the  same  to  be  useless  and  burthensome  and  that  the  public  interest  requires  the 
same  to  be  vacated,  as  petitioned  for.  Dated - 18 — . 

A - B - ,) 

C - D - ,  v  Viewers. 

E - F - ,  ) 

Same  ;  in  case  of  Relocation. 

[. Follow  above  form  to  *  and,  conclude  :]  and  find  that  the  public  interest  requires  said 
road  to  be  relocated  on  the  following  line  [ describe  the  new  route~\  as  petitioned  for. 

Dated - 18 — .  A - B - , 

C - D - , 

E - F - . 

Art.  XVII.  60.  Notice  of  Petition  to  Board  of  Supervisors.  Page  773. 

Road  Notice. 

Public  notice  is  hereby  given  that  at  the  next  meeting  of  the  board  of  supervisors  of 

- -  county,  Illinois,  a  petition  will  be  presented  praying  that  the  road  now  as  follows : 

[describe  it  as  it  w,]  be  changed  so  as  to  run  on  the  following  line,  namely  :  [describe  the 
proposed  line.]  Dated - 18 — . 

[Names.']  [Names.] 

Note.  —  The  names  of  the  signers  of  the  petition  should  appear  at  the  foot  of  each  notice,  and  may  be 
copied  from  the  petition.  So  also  of  the  next  following  notice.  Proof  of  the  posting  of  the  above  notice 
may  be  made  by  affidavit,  as  follows  : 

Proof  of  Posting  ;  to  be  added  at  the  Foot  of  one  of  the  Notices.  Page  773. 

State  of  Illinois, - county.  A - B - on  oath  states  that  on  the - day  of 

- 18 — ,  he  posted  a  notice,  of  which  the  foregoing  is  a  copy,  in  three  public  places  on 

the  route  of  the  road  therein  described,  and  on  the  door  of  the  court  house  and  the  office 
of  the  county  clerk  in  said  county.  A -  B - . 

Sworn  to  before  me  this - day  of - 18 — 

C - D - ,  J.  P. 

Art.  XVII.  7i.  Notice  for  Re-Survey.  Page  773. 

Road  Notice. 

Notice  is  hereby  given  that  after  the  expiration  of  ten  days  from  the  date  hereof,  ap¬ 
plication  will  be  made  to  the  commissioners  of  highways  for  the  town  of  — — ,  in  — — 
county,  Illinois,  for  the  re-survey  of  the  following  road,  [d escribe  it,]  as  being  an  old  road 
laid  out  prior  to  the  adoption  of  township  organization  in  said  county,  and  traveled  as  a 
highway  for  five  years  ;  [or,  open  through  uninclosed  land  for  five  years.] 

Dated - 18 — . 

[Names.]  [Names.] 


Township  Organization  Forms. 


29 


Art.  XVII.  Roads,  Highways  and  Bridges. 

•  O  v  O 


Art.  XVII.  71.  Proof  of  Posting  the  above  Notice.  Page  773. 

State  of  Illinois, - county.  A -  B - on  oath  states  that  on  the - day  of 

-  18 — ,  he  posted  a  notice  of  which  the  above  is  a  copy,  in  three  public  places  in  the 

neighborhood  of  the  road  therein  described,  namely:  at  \_state  where  posted.'] 

‘  A - B - . 

Sworn  to  before  me  this - day  of - 18 — . 

E - F - ,  J.  P. 

Application  for  Re- Survey  of  Road.  Page  773. 

To  the  commissioners  of  highways  for  the  town  of  - ,  in  -  county,  Illinois  : 

The  undersigned,  freeholders  residing  within  three  miles  of  the  following  road :  [here 
describe  it]  hereby  petition  that  the  same  may  be  re-surveyed  and  more  perfectly  de¬ 
scribed  .according  to  law,  which  road  was  laid  out  prior  to  the  adoption  of  township 
organization  in  said  county,  and  after  being  laid  out  *  was  opened  and  traveled  for  the 
space  of  five  years,  [or,*  remained  open  through  uninclosed  land  for  the  space  of  five  years,  J 
do  hereby  apply  to  have  the  same  re-surveyed  and  more  perfectly  described,  according  to 
law.  Dated -  18 — .  [  Twelve  or  more  freeholders  sign.] 

Certificate  after  Re- Survey.  Page  773. 

Whereas  an  application  signed  by  twelve  freeholders  was  presented  to  the  commission¬ 
ers  of  highways  for  the  town  of - ,  in - county,  Illinois,  due  notice  whereof  had 

first  been  given,  asking  that  the  following  old  road  might  be  re-surveyed  and  more  per¬ 
fectly  described,  namely :  [here  describe  the  old  road]  which  freeholders  all  resided  within 
three  miles  of  said  road. 

And  whereas,  said  commissioners  *  did  afterwards  consult  the  original  field  notes  and 
survey  of  said  road  [or,*  did  seek  and  were  unable  to  find  any  of  the  original  field  notes  or 
surveys  of  said  road],  and  did  hear  any  and  all  other  evidence,  written  or  parol,  which 
was  offered  in  relation  to  the  original  location  of  said  road,  and  the  time  and  manner  of 
traveling  the  same,  and  being  satisfied  that  said  road  had  been  laid  out  prior  to  the 
adoption  of  township  organization,  and  after  being  laid  out  *  was  opened  and  traveled 
for  the  space  of  five  years,  [or,  *  remained  open  through  uninclosed  land  for  the  space  of 
five  years  ;]  And  whereas  we  have  lately  caused  said  road  to  be  re-surveved : 

Now  therefore,  we  the  said  commissioners,  in  accordance  with  the  evidence  before  us, 
do  hereby  re-establish  the  said  road  upon  the  following  line,  [here  describe  it.]  a  plat 
whereof  is  hereto  attached  and  made  part  of  this  order,  and  the  same  we  hereby  deter¬ 
mine  to  be  the  correct  line  of  said  road.  Dated - 18 — . 

A -  B - ,  I  Commissioners 

C -  D - ,  [•  _  of 

E -  F - ,  )  Highways. 

74.  Note.  —  In  taking  an  appeal  in  a  road  ease  it  is  not  necessary  to  copy  all  the  papers.  When  the 
case  is  ready  for  hearing  before  the  three  supervisors,  let  a  subpena  be  sent  for  the  town  clerk,  command¬ 
ing  him  to  appear  and  produce  the  original  papers.  Many  times,  the  appeal  can  be  conveniently  heard  at 
the  office  of  the  town  cleik.  The  following  short  forms  are  all  that  is  required  for  an  appeal : 

Art.  XVII.  74.  Appeal  from  an  Order  of  Commissioners  of  Highways,  laying  out,  re¬ 
fusing  to  lay  out,  or  discontinuing  a  Road ;  taken  by  one  or  more. 
Page  773. 

To  the  town  clerk  of  the  town  of - ,  in - county,  Illinois  :  The  undersigned, 

feeling  himself  [or,  themselves]  aggrieved  by  an  order  of  the  commissioners  of  highways 

for  said  town,  dated - 18 — ,  and  on  the  [same]  day  filed*  in  your  office,*  laying  out 

[or,  refusing  to  lay  out,  or,  discontinuing]  the  following  road  [describe  it]  *  hereby  ap¬ 
peals  from  said  order  to  three  supervisors  of  said  county,  as  provided  by  law.  The 
ground  of  this  appeal  is  as  follows  :  [state  the  reasons  for  appealing,  fully  and  carefully.] 
This  appeal  is  brought  to  reverse  entirely  the  aforesaid  order ;  [or,  if  in  part,  state  what 
vart  you  wish  reversed.]  Dated - 18 — .  [  Those  who  appeal  must  all  sign.] 


30 


Township  Organization  Forms. 


Art.  XVII.  Roads,  Highways  and  Bridges. 

Appeal  from  an  Order  of  Commissioners  altering  a  Road;  taken  by  one  or  more.  Page  773. 

To  the  town  clerk  of  the  town  of - -3  in  - county,  Illinois :  The  undersigned, 

feeling  himself  [or,  themselves ]  aggrieved  by  an  order  of  the  commissioners  of  highways 

for  said  town,  dated -  18 — ,  and  on  the  [same]  day  filed  in  your  office,  *  altering  the 

following  road  [ describe  the  existing  road,]  so  as  to  run  on  a  different  line,  namely  :  [ de¬ 
scribe  the  new  route ]  *  hereby  appeals  from  said  order  to  three  supervisors  of  said  county, 
as  provided  bylaw.  The  ground  of  this  appeal  is  as  follows:  [state  the  reasons  for  ap¬ 
pealing,  fully  and  carefully.']  This  appeal  is  brought  to  reverse  entirely  the  aforesaid 
order  ;  [or,  if  in  part ,  state  what  part  you  wish  reversed.]  Dated -  18 — . 

[  Those  who  appeal  must  all  sign.] 

Appeal  from  an  Order  of  Commissioners  Assessing  Damages  on  laying  out  of  Road. 

Page  773. 

To  the  town  clerk  of  the  town  of  - ,  in  -  county,  Illinois :  Whereas  the 

commissioners  of  highways  for  said  town  made  an  order  dated -  18—,  laying  out  the 

following  road  [ describe  it],  and  did  afterwards  make  fin  assessment,  dated  -  18 — , 

and  on  the  [same]  day  filed  in  your  office,  of  the  damages  sustained  by  the  undersigned 
by  reason  of  the  laying  out,  opening  and  working  of  said  road,  as  follows: 


Description  of  Land  Damaged. 

Owner’s  Name. 

Damages  Allowed. 

N.  E.  ^  sec.  27,  town - range - . 

A  B 

$250. 

Now  therefore  in  pursuance  of  law,  we  the  undersigned  do  hereby  appeal  from  said 
order  of  assessment,  to  three  supervisors  of  said  county.  The  ground  of  this  appeal  is 
as  follows:  [state  the  reasons  for  appealing,  fully  and  carefully.]  This  appeal  is  brought 
to  reverse  so  much  of  said  assessment  order  as  fixes  the  amounts  of  damages  as  above 
mentioned  ;  such  amounts  being  in  each  case  manifestly  insufficient.  Dated  -  18 — . 

[  Those  who  appeal  must  all  sign.] 

Art.  XYII.  7 <5.  Bond  on  Road  Appeal;  in  case  of  laying  out ,  discontinuing,  or  altering 

Road.  Page  774. 

We,  A -  B -  as  principal,  and  C - D -  and  E -  F -  as  sureties,  all 

of  the  town  of - ,  in - county,  Illinois,  are  held  and  firmly  bound  unto  the  super¬ 

visor  of  said  town  and  his  successor  in  office,  in  the  penal  sum  of  [let  the  clerk  insert  a 
sufficient  amount]  for  the  payment  of  which  well  and  truly  to  be  made,  we  bind  ourselves, 
our  heirs,  executors  and  administrators,  firmly  by  these  presents. 

The  condition  of  the  above  bond  is  this  :  Whereas  said  A - B -  is  about  to  ap¬ 
peal  from  an  order  of  the  commissioners  of  highways  for  said  town  dated -  18 — , 

[here  copy  from  the  foregoing  appeal  that  part  between  *  and  *  ;]  Now  if  the  said  A - 

B - shall  pay  all  costs  arising  from  such  appeal  in  case  the  determination  of  the  com¬ 

missioners  of  highways  in  the  premises  shall  not  be  reversed,  then  the  above  bond  shall 
be  void  ;  otherwise  to  remain  in  full  force  and  effect.  Witness  our  hands  and  seals  this 
- day  of - 18 — .  A -  B - ,  ( seal .) 

C -  D - ,  (seal.) 

E -  F - .  (seal.) 

The  above  bond  is  approved.  Dated - 18 — . 

G -  H - ,  Town  Clerk. 

Bond  on  Appeal  from  Assessment  of  Damages  for  laying  out  Road.  Page  774. 

We  A - B - as  principal,  and  C - D -  and  E - F -  as  sureties,  all 

of  the  town  of  - ,  in - county,  Illinois,  are  held  and  firmly  bound  unto  the  super¬ 

visor  of  said  town  and  his  successor  in  office,  in  the  penal  sum  of  [let  the  clerk  insert  a 
sufficient  amount]  for  the  payment  of  which  well  and  truly  to  be  made,  we  bind  ourselves, 
our  heirs,  executors  and  administrators,  firmly  by  these  presents. 

The  condition  of  the  above  bond  is  this  :  Whereas  the  said  A - B - is  about  to 


Township  Organization  Forms. 


31 


Art.  XVII.  Roads,  Highways  and  Bridges. 

appeal  from  an  assessment  of  damages  made  by  the  commissioners  of  highways  for  said 

town,  which  assessment  was  dated -  18 — ,  and  was  for  the  damages  sustained  by  the 

said  A -  B -  by  reason  of  the  laying  out,  opening  and  working  of  the  following 

road  [  describe  it  ;]  Now  if  the  said  A - B - [  conclude  as  in  the  ‘preceding  form.'] 

Art.  XVII.  78.  Certificate  of  the  selection  of  three  Supervisors ;  made  by  Town  Cleric . 

Page  774. 

I,  G -  H - ,  town  clerk  of  the  town  of - ,  in - county,  Illinois,  do  hereby 

certify  that  in  pursuance  of  law  I  have  selected  L - M - ,  P -  Q - and  R - 

S - ,  supervisors  of  said  county,  to  hear  and  determine  an  appeal  dated -  18 — , 

taken  before  me  by  A - B - ,  from  an  order  [or,  assessment]  made  by  the  commis¬ 
sioners  of  highways  for  said  town,  dated  -  18 — ,  and  touching  the  following  road 

\here  describe  it],  as  in  said  appeal  is  fully  set  forth.  Dated - 18 — . 

G - H - ,  Town  Cleric. 

Notice  to  be  given  to  Supervisors  by  the  person  talcing  an  appeal.  Page  774. 

To  P -  Q - ,  supervisor :  Take  notice  that  in  pursuance  of  law  you  have  been 

selected  by  G - H - ,  town  clerk  of  the  town  of - ,  in - county,  Illinois,  to  hear 

and  determine  an  appeal  dated -  18 — ,  and  taken  by  me  before  said  clerk  from  an 

order  [or,  assessment]  of  the  commissioners  of  highways  for  said  town,  dated - 18 — , 

and  touching  the  following  road  [ here  describe  it],  as  in  said  appeal  is  fully  set  forth. 
Dated - 18 — .  A - B - 

Art.  XVII.  80.  Notice  of  Appeal  to  Commissioners  of  Highways  and  Petitioners.  Page 

774. 

To  the  commissioners  of  highways  for  the  town  of - ,  in - county,  Illinois,  and 

to  A - B - ,  C - D -  and  E - F - ,  petitioners  for  the  road  in  question  : 

Take  notice  that  by  an  appeal  in  pursuance  of  law,  dated -  18 — ,  and  taken  before 

G -  H - ,  town  clerk  of  said  town,  I  have  appealed  from  an  order  [or,  assessment] 

made  by  the  commissioners  of  highways  for  said  town  dated -  18 — ,  and  touching  the 

following  road  [ here  describe  it],  as  in  said  appeal  is  fully  set  forth  ;  that  L - M - , 

P -  Q -  and  R -  S - ,  three  supervisors  of  said  county,  have  been  duly 

selected  to  hear  and  determine  said  appeal,  and  that  such  hearing  will  take  place  on  the 
- day  of - 18 — ,  at  \_state  the  hour  and  place  of  hearing.]  Dated  - 18 — . 

Y  - Z - . 

Affidavit  of  the  service  of  the  foregoing  Notice;  to  be  attached  to  one  of  the  Notices. 

Page  774. 

Y - Z - on  oath  states  that  on  the - day  of -  18 — ,  he  delivered  to  each  of 

the  persons  to  whom  the  foregoing  notice  is  directed,  a  true  copy  thereof ;  except  A - 

B - ,  at  whose  dwelling-house  he  did,  on  the  same  day,  leave  a  like  true  copy. 

Y  - Z - . 

Sworn  to  before  me  this - day  of - 18 — . 

E - M - J.  P. 

Art.  XVII.  81.  Subpena  by  Supervisors  for  Witnesses.  Page  774. 

State  of  Illinois, - county.  The  people  of  the  state  of  Illinois  to  A - B - and 

C - D - :  We  command  you  to  appear  on  the  - day  of  - 18 — ,  at  \_state  the 

hour  and  place  of  hearing]  to  testify  in  a  certain  appeal  there  to  be  heard  before  the 

undersigned,  in  pursuance  of  law,  which  appeal  was  taken  by  E - F - from  an  order 

[or,  assessment']  of  the  commissioners  of  highways  for  the  town  of - in  said  county, 


touching  a  certain  road.  Hereof  fail  not. 

Dated  — 

18  . 

L- 

M 

— ,  Supervisor  of  the  town  of  — 
— ,  Supervisor  of  the  toivn  of  — 

j 

P- 

-  Q- 

> 

R- 

S 

— ,  Supervisor  of  the  town  of  — 

32 


Township  Organization  Forms. 


Art.  XVII.  lloads,  Highways  and  Bridges. 

Order  of  the  three  Supervisors  after  hearing  the  Appeal.  Page  774. 

Whereas  the  commissioners  of  highways  for  the  town  of - ,  in - county,  Illinois, 

made  an  order  [or,  assessment ]  dated -  18 — ,  touching  a  certain  road,  a  copy  whereof 

is  hereto  annexed  ; 

And  whereas  A - B - did,  by  an  appeal  in  writing  filed  with  the  town  clerk  of 

said  town,  dated  — —  18 — ,  appeal  from  said  order  [or,  assessment ]  to  three  supervisors 
of  said  county,  a  copy  whereof  is  also  annexed  ; 

And  whereas  the  town  clerk  of  said  town  did  thereupon,  by  his  certificate  in  pursu¬ 
ance  of  law,  dated - 18 — ,  select  the  undersigned  as  the  three  supervisors  to  hear  and 

determine  said  appeal,  a  copy  whereof  is  also  annexed  ; 

Now  therefore,  we  the  said  three  supervisors,  having  this  day  met  for  the  purpose  of 
hearing  the  said  appeal,  due  notice  of  the  time  and  place  whereof  have  been  given  as 
required  by  law  to  all  parties  interested,  and  having  heard  all  the  proofs  and  allegations 
of  said  parties  and  personally  examined  said  route,  and  duly  considered  the  matter  of 
said  appeal, 

Do  hereby  adjudge  and  order:  That  the  action  of  the  commissioners  of  highways 
touching  the  matter  in  this  appeal  be  *  confirmed;  and  that  the  following  road,  as  set 
forth  in  their  said  order,  [ here  describe  it]  is  hereby  laid  out  and  established  as  a  public 
highway, - rods  wide,  and  shall  be  opened  and  worked  as  the  law  requires. 

Dated - 18 — .  C -  I) - ,  Supervisor  of  the  town  of - , 

E — —  F - ,  Supervisor  of  the  town  of - , 

G - H - ,  Supervisor  of  the  town  of - . 

[If  an  order  laying  out  a  new  road  is  reversed ,  proceed  in  this  manner  from  reversed  ; 
and  that  the  following  road  as  set  forth  in  their  said  order  [describe  it ,]  be  not  laid  out 
nor  established  as  a  public  highway.  Dated -  18 — . 

[Signed  as  above. ] 

Note.  —  The  above  forms  will  answer,  with  slight  variation,  for  an  order  confirming  or  reversing  a  dis¬ 
continuance  of  road. 

[If  an  assessment  of  damages  is  confirmed ,  proceed  in  this  manner  from  *]  confirmed  ; 
and  that  the  assessment  made  by  them  of  the  damages,  by  reason  of  the  laying  out,  open¬ 
ing  and  working  of  the  following  road  :  [ here  describe  it~\ ,  sustained  by  the  several  parties 
taking  this  appeal,  be  approved  and  confirmed  as  follows : 

To  A - B - ,  $250. 

Dated - 18 — .  [ Signed  as  before."] 

[If  an  assessment  of  damages  is  altered  in  part ,  proceed  in  this  manner  from  *  ]  set 
aside;  and  that  the  assessment  of  damages  sustained  by  reason  of  the  laying  out,  open¬ 
ing  and  working  of  the  following  road  [describe  it\  be  as  follows : 

To  A - B - ,  $250. 

Dated -  18 — .  [Signed  as  before.] 

[If  an  alteration  in  a  road  is  confirmed ,  proceed  in  this  manner  from  confirmed  ; 
and  that  the  road  now  as  follows  [describe  the  old  line~\  hereby  is  changed  and  altered  to 
run  on  the  following  line  [describe  the  new  route  f]  and  as  so  changed  is  declared  a  public 
highway - rods  wide,  and  shall  be  opened  and  worked  as  such.  Dated - 18 — . 

[Signed  as  before.] 

[If  an  altera,  tion  is  reversed ,  proceed  in  this  manner  from*  ]  reversed;  and  that  the 
road  now  as  follows  [here  describe  it]  shall  remain  as  a  public  highway,  unchanged  and 
unaltered.  Dated - 18 — .  [Signed  as  before.] 


[If  the  alteration  in  the  first  order  is  disapproved  and  a  different  change  made ,  proceed  in 
this  manner  from  *]  set  aside;  and  that  the  road  now  as  follows  [describe  the  old  line] 


Township  Organization  Forms. 


33 


Art.  XVII.  lloads,  Highways  and  Bridges. 


hereby  is  changed  and  altered  to  run  on  a  line  which  we  have  selected,  namely:  [ describe 

the  last  alteration  ,*]  and  as -so  changed  is  declared  a  public  highway - rods  wide,  and 

shall  be  opened  and  worked  as  such.  Dated - 18 — . 

[ Signed  as  before.'] 

[If  the  refusal  to  lay  out  a  road  is  reversed ,  proceed  in  this  manner  from  *]  reversed; 
that  the  public  interest  requires  the  following  road  to  be  laid  out  in  accordance  with  the 
prayer  of  the  original  petition  in  that  behalf,  namely:  [describe  the  road  as  laid  out;] 
and  having  caused  a  survey  and  plat  of  said  road  to  be  made  by  a  competent  surveyor, 
which  survey  and  plat  is  hereto  attached,  we  do  order  and  declare  that  the  said  road  be 

laid  out  and  established  as  a  public  highway - rods  wide,  and  be  opened  and  worked 

as  such.  Dated -  18 — .  [Signed  as  before.] 

Art.  XVII.  88.  Statement  of  Damages  and  Charges  in  Road  Case.  Page  77 5. 

To  the  board  of  town  auditors  for  the  town  of - ,  in  -  county,  Illinois  :  The 

following  is  a  statement  of  the  damages  and  charges  for  laying  out  [or,  altering  ;  or,  discon¬ 
tinuing]  the  following  road  in  said  town,  namely  :  [describe  it.]  Damages  as  fixed  by  the 
commissioners  of  highways  for  said  town,  [or,  by  three  supervisors  on  appeal:] 

To  A - B - ,  '$ - 


[  Continue  with  others,  if  any.] 


Charges  of  officers  and  others  : 

C - D - ,  surveyor,  for  — 

E - F - ,  supervisor,  for  — 

Total, 

—  days’  labor,  $— 

—  days’  labor,  $— 

$ 

Dated  — 

18  . 

L  M 

— ,  )  Commissioners 

N  0 

-4  <>/ 

P  Q 

— ,  )  Highways . 

Certificate  of  the  Auditors.  Page  775. 

We,  the  auditors  for  said  town  of - ,  hereby  certify  that  the  foregoing  statement  of 

damages  and  charges  has  been  examined  by  us  and  found  correct.  Dated -  18 — . 


II 

s 

— ,  Supervisor. 

T 

u 

— ,  Town  Cleric. 

y 

w 

,J.P. 

X 

Y 

,J.P. 

Town  Clerics  Certificate  of  Amount.  Page  775. 

I,  A - B - ,  town  clerk  of  the  town  of  - ,  in  -  county,  Illinois,  do  hereby 

state  that  the  aggregate  amount  of  the  damages  and  charges  for  laying  out  [or,  altering , 
etc.]  the  following  road  [describe  it~]  as  agreed  upon  by  the  commissioners  of  highways 

[or,  as  settled  by  the  three  supervisors]  and  certified  by  the  town  auditors  is  - - dollars. 

Which  statement  I  certify  to  be  true,  as  appears  by  the  records  on  file  in  mv  office. 

Dated - ,  18  —  .  A -  B - ,  Town  Cleric. 

Art.  XVII.  80.  Petition  to  the  Board  of  Supervisors.  Page  776. 

To  the  board  of  supervisors  for  -  county,  Illinois  :  The  undersigned  represent 

that  the  commissioners  of  highways  for  the  town  of - ,  in -  county,  Illinois,  made 

an  assessment,  dated  -  18 — ,  of  the  damages  sustained  by  reason  of  the  laying  out 

[or,  altering]  of  the  following  road  [describe  it,]  from  which  assessment  an  appeal  was 

taken  bv  A -  B -  to  three  supervisors  of  said  county,  to  wit:  C -  D - , 

E - F - and  G -  H - .  That  after  a  hearing  thereon  as  provided  by  law, 

said  three  supervisors  made  a  final  decision  and  assessment  of  the  said  damages,  as  fol 
lows : 

To  L - M - ,  $ - 

To  N -  O - ,  $ - 

Total,  $ - 


34 


Township  Organization  Forms. 


Art.  XVII.  Roads,  Highways  and  Bridges. 

Your  petitioners  represent  that  said  damages  are  manifestly  too  high,  and  that  in  pro¬ 
viding  for  the  payment  thereof  an  oppressive  tax  will  have  to  ’be  levied  on  the  property 
of  said  town,  wherefore  they  ask  for  relief  in  behalf  of  said  town,  against  the  whole  [or, 
.  a  part]  of  said  damages,  as  provided  by  law.  Dated - 18 — . 


p 

-  Q- 

— ,  Supervisor. 

R 

s 

— ,  Town  Clerk. 

T 

u 

,  J.  P. 

V 

w 

,  J.  P. 

X 

Y 

— ,  )  Commissioners 

E 

M 

of 

F 

N 

— ,  )  Highways. 

91.  Note.  —  The  petition  for  a  road  on  a  town  line  should  be  signed  by  twelve  in  each  town.  Notices  . 
should  be  posted  as  in  other  cases,  in  both  towns. 


Art.  XVII.  91.  Order  laying  out  a  Road  on  Town  Line,  Page  776. 

Whereas  a  duplicate  petition  signed  by  twelve  legal  voters  from  each  town  was  pre¬ 
sented  to  the  respective  commissioners  of  highways  for  the  towns  of - and  - — ,  in 

-  county,  Illinois,  due  notice  whereof  had  first  been  given,  praying  that  the  following 

new  road  on  the  line  between  said  two  towns,  might  be  laid  out  and  opened,  namely  : 
[ describe  the  road;]  which  voters  all  resided  within  three  miles  of  said  proposed  road  ; 

And  whereas  said  commissioners  did,  on  the -  day  of -  18 — ,  meet  and  hear 

all  reasons  offered  for  or  against  said  proposed  road,  due  notice  of  the  time  and  place  of 
said  meeting  having  first  been  given  to  all  parties  interested  as  the  law  requires,  and 
having  personally  examined  said  route,  and  being  therein  fully  advised,  thereupon  de¬ 
termined  to  lay  out  such  new  road,  the  public  interest  so  requiring  ; 

And  whereas  afterwards,  said  commissioners  caused  a  survey  of  said  proposed  road  to 
be  made  by  a  competent  surveyor,  in  the  manner  required  by  law,  which  survey  and  the 
plat  accompanying,  is  hereto  attached  and  made  part  of  this  order ; 

Now  therefore,  we  the  said  commissioners  for  said  two  towns, - and  - ,  by  vir¬ 

tue  of  the  above  recited  facts,  and  in  pursuance  of  law,  do  hereby  declare  that  the  road 

set  forth  in  the  said  survey  and  plat  is  a  public  highway - rods  wide,  and  that  the 

line  of  said  survey  is  the  center  thereof,  and  we  order  that  said  road  be  opened  and 
worked  as  the  law  requires.  It  is  further  ordered  that  saidroad.be  divided  into  [two] 
road  districts,  one  being  allotted  to  each  towm  to  be  opened,  worked  and  kept  in  repair, 

namely :  To  the  town  of - as  follows  :  [describe  one  district.]  And  to  the  town  of 

- as  follows  :  [describe  the  other.]  Dated - -  18 — . 

-  - ,  1  Commissioners 

-  - ,  >-  of  Highways. 

- ,  \  town  of - . 

.  -  ,  )  Commissioners 

- ,  >-  of  Highways , 

-  - ,  j  town  of - . 


Art.  XVII.  99.  Notice  for  Removing  Fence.  Page  776. 


To  A - B - :  Take  notice  that  the  commissioners  of  highways  for  the  town  of 

- - ,  in - county,  Illinois,  made  an  order  dated  - 18 — ,  laying  out  the  following 

road,  [describe  it ;]  which  order  was  duly  deposited  with  the  town  clerk  of  said  town, 
and  not  appealed  from  within  the  time  required  by  law  :  You  are  therefore  required,  as 
the  owner  [or,  occupant]  of  the  following  inclosed  land  [describe  it,]  a  part  of  which  is 
within  the  limits  of  said  road,  to  remove  all  your  fences  to  the  bounds  of  said  road  within 
sixty  days  after  this  notice  is  served  upon  you.  Dated 18 — . 


C- 

E 

G- 


Commissioners 

.  °f 

Highways. 


Township  Organization  Forms. 


35 


Art.  XVII.  lloads,  Highways  and  Bridges. 

Same  :  Where  Appeal  has  been  taken  to  three  Supervisors.  Page  776. 

To  A -  B - :  Take  notice  that  three  supervisors  of -  county,  Illinois,  on  an 

appeal  regularly  before  them  in  pursuance  of  law,  made  an  order,  dated  - 18 — ,  lay¬ 

ing  out  the  following  road,  [ describe  it]  which  order  was  duly  deposited  with  the  town 

clerk  of  the  town  of - ,  in  said  county  :  You  are  therefore  required,  as  the  owner  [or, 

occupant ]  of  the  following  inclosed  land  [ describe  it.']  a  part  of  which  is  within  the  limits 
of  said  road,  to  remove  all  your  fences  to  the  bounds  of  said  road  within  sixty  days  after 


this  notice  is  served  upon  you.  Dated  — 

18  . 

C 

D 

— ,  ]  Commissioners 

E 

F 

>  r  °f 

• 

G 

H 

— ,  )  Highways. 

Note.  — The  following  affidavit  should  be  attached  to  a  copy  of  the  notice,  and  then  deposited  with  the 
town  clerk. 

Proof  of  Service  of  Notice.  Page  77 6. 


State  of  Illinois, - county.  G -  H -  on  oath  states  that  on  the -  day  of 

-  18 — ,  he  delivered  to  the  said  A -  B - a  notice  whereof  the  foregoing  is  a 

true  copy.  G -  H - . 

Sworn  to  before  me  this - day  of -  18 — . 

E -  M - ,  J.  P. 


i 


ESTRAY 


FORMS. 


Notice  of  the  Taking  up  of  an  Estray  Animal. 

The  following  form  embodies  precisely  what  the  law  requires  on  the  taking  up  of  any  estray  Horse 
Mare,  Colt,  Mule  or  Ass  :  see  §  1.  But  for  any  estray  Neat  Cattle,  Sheep,  1Jog  or  Goat,  the  line 
marked  *  may  be  omitted,  because  in  those  cases  it  is  not  necessary  to  state  the  “  stature  ”  of  the  estray  : 
see  §  4. 


Estray  Notice. 


Taken  up  by  me  as  an  estray  at  my  place  of  residence  in  the  town  of - in 

county,  Illinois,  one  horse  described  as  follows  : 

Marks.  Star  in  forehead. 

Brands.  E.  F.  on  right  shoulder . 

^Stature.  About  14  hands  high. 

Color.  Dark  bay. 

Age.  About  six  years. 

Which  I  shall  have  appraised  according  to  law.  Dated - 18 — . 


A - B - , 

Householder  of  said  County. 


Five  copies  of  the  above  notice  should  be  made,  for  the  following  purposes  :  First.  Three  copies  must 
be  posted  by  the  taker  up,  in  three  of  the  most  public  places  in  the  town,  as  soon  as  may  be  :  see  §  1. 
Second.  Within  five  days  after  the  taking  up,  one  copy  should  be  left  with  the  town  clerk,  to  be  registered 
by  him :  see  §§  6  and  7.  Third.  To  the  fifth  copy  may  be  attached  or  added  the  following  affidavit, 
which  is  to  be  sworn  to  before  the  justice  and  filed  with  him  not  less  than  10,  and  not  more  than  15  days 
after  the  posting  of  the  notices.  This  form  includes  both  the  “oath”  of  the  taker  up,  as  required  in  §  1, 
and  the  “  proof”  of  notice,  as  required  by  §  11. 


Affidavit. 

State  of  Illinois,  county  of - ,  town  of - .  A - B - on  oath  says  he  is  a 

householder  of  said  town,,  and  took  up  the  above  estray  at  his  place  of  residence  therein, 
the  marks  and  brands  whereof  have  not  been  altered  since  the  taking  up.  That  on  the 

- day  of - 18 —  he  posted  three  notices  of  which  the  above  is  a  true  copy,  one  at 

- ,  one  at - and  one  at - ,  those  being  three  of  the  most  public  places  in  said 

town.  A - B - . 

Sworn  to  before  me  this - day  of - 18 — .  L - M - ,  J.  P. 

As  soon  as  such  an  affidavit  is  filed  with  a  justice,  he  should  at  once  issue  a  warrant  fpr  the  appraise¬ 
ment.  To  save  the  labor  of  writing  a  long  writ,  the  shortest  and  best  plan  is  for  the  justice  to  attach  or 
add  his  Warrant  at  the  end  of  the  Affidavit  mentioned  above.  It  may  then  be  in  the  following  form  which 
is  very  short,  and  yet  embodies  all  that  the  law'  requires,  namely  :  It  Appoints  the  appraisers,  and  Cites 
them  to  appear  as  such  :  see  §  2.  This  warrant  need  not  be  served  by  a  constable;  like  a  subpena  it  may 
be  served  by  any  convenient  person  —  the  taker  up,  for  instance. 

Warrant  of  Appraisement. 

To  G - II - ,  N - O -  and  R -  S - .  You,  being  three  disinterested 

housekeepers  in  the  neighborhood,  are  hereby  appointed  appraisers,  and  required  to  ap¬ 
pear  before  me  forthwith  [or,  on  the - day  of -  18--,  at - o'clock  —  M.,~]  to  ap¬ 

praise  the  above  described  stray,  as  required  by  law.  Given  under  my  hand  and  seal 
this - day  of - 18 — .  L - M - ,  J.  P.  (seal.) 


Estray  Forms. 


37 


Appraisement.  —  Certificate. 

The  easiest  and  best  way  to  prepare  the  Appraisement  is  to  attach  or  add  it  to  the  preceding  papers, 
after  the  Warrant  of  Appraisement.  It  may  then  he  in  the  following  short  form,  signed  by  each  of  the 
appraisers  and  sworn  to.  It  thus  serves  both  as  the  appraisers’  oath,  and  as  their  appraisement :  see  §  2. 

Appraisement. 

We  the  undersigned,  appraisers  appointed  by  L - M - ,  J.  P.,  hereby  report  that 

we  have  seen  and  examined  an  estray  horse  taken  up  by  A - B - and  posted  on  the 

- day  of -  18 — ,  of  the  following  description  : 

Marks.  Star  in  forehead. 

Brands.  E.  F.  on  right  shoulder. 

^Stature.  About  14  hands  high. 

Color.  Dark  bay. 

Age.  About  six  years. 

Which  estray  we  have  appraised  without  partiality,  favor  or  affection,  and  valued  at - 

dollars.  G -  H - \ 

N - O -  >-  Appraisers. 

R -  S -  ) 

Sworn  to  before  me  this - day  of - 18 — .  E - F - ,  J.  P. 

As  remarked  above,  it  is  only  necessary  to  mention  the  “stature”  where  the  estray  is  a  “horse,  mare, 
colt  mule  or  ass ;  ”  in  all  other  cases  that  item  may  be  omitted.  In  every  estray  proceeding,  the  law  re¬ 
quires  the  appraisement  and  description  of  the  animal  to  be  entered  in  a  book  to  be  kept  by  the  justice. 
His  regular  docket  is  such  a  book,  and  a  proper  entry  therein  will  fully  meet  all  the  requirements  of  the 
law  :  see  §  2.  Such  a  docket  entry  may  be  as  follows  : 

Docket  Entry  —  Estray  Case. 

One  Estray  Horse  4  \_Dafe.~\  A - B - having  made  oath  of  taking  up  and  proof 

Taken  up  by  >*of  posting  as  required  bv  law,  a  warrant  of  appraisement  is  issued  to 

A -  B -  )  th  ree  disinterested  housekeepers  of  the  neighborhood,  who  return 

their  sworn  appraisement  as  follows  :  \_Here  copy  the  Appraisement. ]  Whereupon  the 
said  Affidavit,  Warrant  and  Appraisement  are  certified  and  transmitted  to  the  county 
clerk  in  pursuance  of  law.  L - M - ,  J.  P. 

Having  made  the  foregoing  entry  in  his  docket,  the  justice  is  ready  to  make  his  report  to  the  county 
clerk  This  he  must  do  within  10  days  after  the  appraisement  is  made  :  see  §  3.  All  the  papers  are  at¬ 
tached  together  in  the  following  order  :  Notice  and  Affidavit ;  Warrant ;  Appraisement.  These  original 
papers  should  all  be  delivered  to  the  county  clerk,  after  being  certified  ;  the  entry  on  his  docket,  in  the  form 
given  above,  is  all  that  the  justice  need  retain.  His  certificate  may  be  as  follows  : 

Certificate. 

State  of  Illinois, - county,  town  of - .  I,  L - M - ,  a  justice  in  said  town, 

hereby  certify  that  the  foregoing  proceedings  in  relation  to  the  estray  above  described, 
■were  had  before  me  as  such  justice,  as  appears  from  my  docket. 

L -  M- 


,  J.  P.  (seal.) 


-  • 


*  - 


■ 


• 

' 


* 


_ 


* 


■ 


i 

THE 

• 

1 

ORGANIC 

1 

I 

jAWS  OF  ILLINOIS  | 

j 

J  ,  .  \  I 

j 

CONTENTS 

TOOK  EFFECT 

1 

i 

i 

i 

i 

PAGE 

1. 

Act  of  cession  from  Virginia . 

.  20  Dec.  1783  .  . 

6 

2. 

Deed  of  cession  from  Virginia . 

.  1  Mar.  1784  .  . 

.  7 

3. 

The  Ordinance  of  1787  . 

.  13  July,  1787  .  . 

•  7 

4. 

CONSTITUTION  OF  THE  UNITED  STATES .  .  .  . 

.  17  Sept.  1787  .  . 

.  10 

5. 

FIFTEEN  AMENDMENTS  THERETO . 

At  different  dates  .  . 

.  15 

6. 

Act  authorizing  five  northwestern  states . 

.  30  Dec.  1788  .  . 

.  16 

7. 

Act  for  the  government  thereof . 

.  7  Aug.  1789  .  . 

.  17 

8. 

Navigation  of  the  Ohio  river . 

.  18  Dec.  1789  .  . 

.  17 

9. 

Indiana  territory  constituted . 

.  7  May,  1800  .  . 

.  17 

10. 

Illinois  territory  constituted  therefrom . 

3  Feb.  1 8U9  .  . 

.  18 

11. 

Act  enabling  Illinois  to  form  a  constitution . 

.  18  April,  1818  .  . 

.  19 

12. 

Ordinance  accepting  the  enabling  act . 

.  26  Aug.  1818  .  . 

.  20 

13. 

CONSTITUTION  OF  ILLINOIS —  1818 

.  26  Aug.  1818  .  . 

.  21 

14. 

Resolution  admitting  the  state  into  the  Union  .... 

.  3  Dec.  1818  .  . 

.  28 

15. 

CONSTITUTION  OF  ILLINOIS  - 1848  . 

.  1  April,  1848  .  . 

.  29 

16. 

Vote  on  the  constitution  of  1870  — proclamation  .  .  . 

.  27  July,  1870  .  . 

.  41 

17. 

• 

CONSTITUTION  OF  ILLINOIS  — 1870  . 

.  8  Aug.  1870  .  . 

0 

.  42 

1 

1  . 

SPRINT  GFIELL> 

• 

1 

E.  L.  &  W.  L.  GROSS 

i 

1872 

1'rloe  35  Cents. 

INDEX  TO  PRIVATE  LAWS. 


There  is,  in  the  State  of  Illinois,  an  immense  mass  of  legislation,  known  “by  the  general  name  ol 
Private  Laws.  Part  of  these  laws  are  found  scattered  indiscriminately  through  all  the  volumes 
ever  issued  by  the  State,  no  care  having  been  taken  to  separate  public  and  private  acts.  Hence, 
every  volume  of  session  laws  will  be  found  to  contain  very  many  private  acts.  But  besides  these  books, 
commonly  spoken  of  as  Public  Laws,  the  State  had  issued  up  to  January  1869,  nineteen  dilferent 
volumes,  which  contain  only  private  acts  and  nothing  else,  namely:  Private  acts  of  1827,  1833, 
1837,  1839,  1847,  1849,  1851,  1853,  1854,  1855,  1857,1859,  1861,  1863,  1865  (2  vols.),  and  1867 
(3  vols.). 

These  private  laws  are  not  without  their  interest.  Many  of  them  have  an  abiding  value.  They 
comprise  all  the  charters  of  the  various  Railroads,  Banks,  Plank-roads,  Bridge  Companies,  Ferry 
Companies,  Fire  Companies,  Manufacturing  Companies,  Navigation  Companies,  Insurance  Com¬ 
panies,  and  all  the  other  multitude  of  enactments  by  which  capital  has  protected  itself  and  devel¬ 
oped  the  State.  There  are  also,  charters  for  Agricultural  Societies,  Horticultural  Societies  and 
Entomological  Societies;  for  Societies  Benevolent,  Religious  and  Charitable ;  Societies  Literary, 
Historical  and  Secret;  for  all  the  various  societies,  in  a  word,  intended  to  increase  human  pleasure 
and  diminish  pain.  There  also  appear  the  Charters  for  Cities,  Towns  and  Villages,  as  well  as  for 
Colleges,  Academies,  Seminaries,  Schools  and  other  Institutions  of  Learning  There  too  must  be 
sought  the  numerous  Local  Acts  which  have  been  passed  for  the  benefit  and  advantage  of  all  the 
different  counties:  those  authorizing  or  confirming  the  issue  of  bonds  for  Court  Houses,  Poor 
Houses,  School  Houses,  Jails,  Bridges,  Levees  and  Turnpikes;  providing  for  Special  Taxes  to  pay 
War  Bonds  or  Railroad  Subscriptions,  for  the  protection  of  (lame  or  Fish,  for  changing  the  De¬ 
scent  of  Property  or  the  Names  of  Persons  or  Places,  for  authorizing  Special  Conveyances,  and  in 
many  other  ways  affording  a  special  relief. 

And  besides  all  the  Original  acts  of  all  the  several  sorts  we  have  just  indicated,  there  is  afso  a 
great  cloud  of  Amending  acts  which  were  designed  to  alter,  explain,  extend,  limit  or  modify  the 
original  acts  in  all  these  various  classes  of  cases. 

There  is  thus  a  vast  body  of  legislation,  comprising  many  thousands  of  different  acts,  passed  at  many 
different  times,  upon  which  a  large  number  of  important  rights  depend,  and  by  which  alone  hun¬ 
dreds  of  suits  are  each  year  decided.  These  acts  have  been  published  in  the  order  in  which  they 
were  passed,  thrown  together  in  volumes  without  any  attempt  at  arrangement,  plan  or  system,  and 
having  no  indexes  worth  mentioning,  the  reader  is  practically  without  a  clew  to  guide  him  in  their 
examination.  And  without  a  full  and  accurate  index,  a  knowledge  of  our  private  legislation  has 
become  impossible,  unless  to  the  few  who,  for  special  reasons,  have  made  some  subject  a  special 
study.  Hours  and  days  have  been  wasted  in  a  fruitless  search  to  find  an  act  which  was  known  to 
exist,  but  whose  date  or  title  could  not  be  recalled. 

This  index  of  ours  is  the  first  and  only  attempt  to  arrange  these  statutes  by  subjects.  After 
some  deliberation  we  decided  to  collect  them  by  counties.  With  much  labor,  the  whole  mass  was 
finally  brought  into  systematic  form.  All  the  acts  relating  to  each  particular  locality  are  carefully 
grouped  together.  The  counties  stand  in  their  alphabetical  order.  By  the  table  of  contents  the 
whole  may  be  seen  at  a  glance.  Thus  their  study  is  made  easy  and  plain.  Whatever  may  be  the 
act  you  desire  to  examine,  you  turn  at  once  to  the  proper  county,  and  there  find  every  one  of  your 
acts,  each  in  its  appropriate  place. 

Sent  to  any  address  on  receipt  of  price:  Leather ,  S3. 

E.  L.  &  W.  L.  GROSS, 

Springfield,  Illinois 


ANNOUNCEMENT. 


- + - 

THE  STATUTES  AT  LARGE. 

- + - 

In  Press. 

To  the  Lawyer  no  books  are  so  important  as  those  which  contain  the  '’omple** 
Statutes.  Questions  of  title  often  depend  on  the  very  oldest  acts  :  questions  of  con 
struction  can  frequently  be  settled  only  by  a  reference  to  the  earliest  legislation '  in  all 
cases  it  will  be  found  that  he  who  would  know  the  law  must  first  know  the  history  frf  the 
law.  Recognizing  these  principles,  the  United  States  many  years  since  adopted  the  plan 
of  bringing  out  its  Statutes  at  Large  in  convenient  volumes.  In  New  York,  Massachu¬ 
setts,  Virginia,  and  many  other  States,  the  same  method  has  always  been  pursued  ;  while 
the  necessity  of  such  a  work  for  Illinois  has  long  been  felt,  the  want  of  it  often  deplored. 
It  is  not  now  too  soon  to  begin,  if  some  of  the  older  enactments  are  to  be  rescued  from 
oblivion  ;  already  they  have  perished,  until,  in  several  instances,  a  single  copy  is  all  that 
remains.  In  view  of  these  facts,  the  publishers  take  pleasure  in  announcing  that  the 
material  for  the  STATUTES  at  LARGE  of  ILLINOIS  has  all  been  collected,  and  the 
first  volume  is  in  press.  Three  volumes,  it  is  estimated,  will  be  sufficient  to  bring  thg 
work  down  to  the  Revision  of  1845. 

Volume  I.,  which  will  soon  be  ready  for  delivery,  will  contain  :  — 

I.  The  Virginia  Charters. 

II.  The  Act  under  which  civil  government  was  organized  in  the  “Ilinois 
county,”  in  October,  1778. 

III.  The  Ordinance  op  the  Confederation  of  13  July,  1787,  organizing  the 
i(  Territory  of  the  United  States  North  West  of  the  River  Ohio.” 

IV.  The  acts  of  the  Governor  and  Judges  of  that  territory  until  a  leg¬ 
islature  was  elected,  namely,  acts  of  1788,  1790,  1791,  1792,  1795,  and  1798. 

V.  The  acts  of  the  Territorial  Legislature  of  that  territory  while  its 
JURISDICTION  OVER  ILLINOIS  REMAINED,  NAMELY,  ACTS  OF  1799. 

VI.  The  Act  of  Congress  of  7  May,  1800,  creating  “The  Indiana  Territory.” 

VII.  The  acts  of  the  Governor  and  Judges  of  that  territory  until  a  leg¬ 
islature  WAS  ELECTED,  NAMELY,  ACTS  OF  1801,  1802,  1803,  AND  1804. 

VIII.  The  acts  of  the  Territorial  Legislature  of  that  territory  while  its 
JURISDICTION  OVER  ILLINOIS  REMAINED,  NAMELY,  ACTS  OF  1805,  1806,  1807,  AND  1808. 

IX.  The  Act  of  Congress  of  9  February,  1809,  creating  “The  Illinois  Ter 
ritory.” 

X.  The  acts  of  the  Governor  and  Judges  of  that  territory  until  a  legis¬ 
lature  was  elected,  namely,  acts  of  1809,  1810,  and  1811. 

XI.  The  acts  of  the  Territorial  Legislature  of  that  territory  until  the 
State  was  organized,  namely,  acts  of  1812,  1813,  1814,  1815,  1816,  and  1817. 

Much  of  this  matter  can  now  be  found  only  in  old  and  rare  pamphlets,  or  in  official 
records  at  Washington,  Columbus,  Indianapolis,  Springfield,  St.  Louis,  and  elsewhere. 
The  arrangement  is  chronological,  and  no  liberty  has  been  taken  with  the  text,  even  in 
formal  parts ;  what  is  given  is  a  reprint,  word  for  word,  identical  in  orthography  and 
punctuation.  Abundant  notes  and  references  to  original  Statutes,  Decisions,  and  His¬ 
torical  works,  are  introduced  in  connection  with  the  te$t,  especially  showing  the  connec¬ 
tion,  relation,  and  dependence  of  the  successive  acts  on  each  subject.  With  these  aids 
and  a  full  Index,  the  reader  will  find  no  trouble  in  consulting  original  acts  upon  any 
subject.  The  work  will  be  brought  out  as  speedily  as  consistent  with  the  strictest 
accuracy,  and  equal  to  the  best  American  Law  works.  The  precise  time  when  it  will 
be  ready  cannot  now  be  stated,  but  due  notice  will  be  given. 


E.  L.  &  W.  L.  GROSS. 


THE  ATTORNEYS’  BUSINESS  DOCKET. 

The  Rest  and  Cheapest  Docket  ever  Issued .  Send  for  Descriptive  Circular 

•  showing  Fac  Simile  Page . 

ITS  DESIGN. 

It  is  designed  to  meet  the  wants  of  the  practicing  attorney,  and  embodies  a  system  of  book¬ 
keeping  prepared  especially  for  him.  It  is  at  one  and  the  same  time  his  Index  Rerum,  Note-Book, 
Day-Book,  Journal,  and  Ledger,  but  without  the  drudgery  and  expense  of  keeping  so  great  a  num¬ 
ber  of  books.  Instead  of  five  he  keeps  but  one,  and  in  that  book,  each  in  its  proper  place,  his  cases 
are  entered  and  indexed. 

NO  CONFUSION  — BUT  ONE  BOOK. 

There  is  no  confusion,  for  each  case  is  by  itself,  and  ample  space  is  provided  for  indexing  both 
plaintiff  and  defendant.  There  is  no  posting  of  entries  from  one  book  to  another,  for  each  step 
taken  or  material  fact  connected  with  a  case  is  entered  at  the  time  of  its  occurrence  in  the  space 
devoted  to  that  particular  case.  Entries  thus  made,  full  enough  to  present  a  complete  and  accurate 
history  of  each  case,  and  made  on  the  day  they  actually  occur,  never  lose  their  value,  but  may  be 
referred  to  in  after  years  with  confidence. 

PRACTICAL  ADVANTAGES. 

One  of  the  practical  advantages  which  must  accrue  from  the  use  of  this  Docket  is  the  facility 
afforded  for  the  charging  of  fees  and  expenses,  a  very  large  proportion  of  which,  ordinarily,  are 
entirely  forgotten,  or  if  remembered  at  all,  too  indistinctly  to  form  the  basis  of  a  formal  charge. 
Fees  charged  and  supported  by  date  and  circumstance  may  perhaps  be  collected  ;  but  the  lawyer 
who  relies  on  his  own  memory  or  that  of  his  client,  for  his  fees  and  charges,  leans  on  a  broken 
reed.  Then,  too,  the  ease  and  facility  with  which  cases  may  be  examined  to  know,  either  what 
has  been  done,  or  what  there  remains  to  do,  is  of  incalculable  advantage.  It  saves  time,  and 
trouble,  and  steps,  and  money,  by  showing :  When  claim  was  received,  suit  brought,  papers  filed, 
trial,  judgment,  fees  charged ;  or,  when  retained,  character  of  defense,  instructions,  fee  agreed 
upon  ;  or,  when- defendant  promised  to  pay,  when  he  did  pay,  your  fee,  amount  collected  and  how 
remitted  ;  or,  your  charge  for  fees  generally,  amount  and  date  of  last  payment,  and  balance  due ; 
and,  in  fact,  every  other  material  fact. 

PRINTING  AND  BINDING. 

Each  page  is  neatly  ruled,  and  specially  printed,  with  suitable  spaces  for  showing :  1.  The 
Names  and  Address  of  both  Parties.  2.  Whether  Criminal,  Law,  or  Chancery.  3.  The  Matter  in 
Controversy,  as  Note,  Account.  4.  Character  of  Suit,  as  Divorce,  Partition,  Ejectment,  etc. 
5.  In  what  Court  Pending.  6.  Opposing  Counsel.  7.  General  Number.  8.  Term  and  Term 
Number,  and  the  same  if  continued.  9.  Date,  Memoranda  of  Facts,  Court  Rulings,  Authorities 
Examined  and  Cited,  Points  Saved  by  Exception,  Witnesses,  etc. ;  and,  10.  All  Money  Charges 
and  Credits. 

SIZE  —  QUALITY  —  PRICE. 

The  Dockets  are  made  in  three  sizes,  but  the  same  quality  of  paper  (the  best  ledger)  is  used  in  all.  The  index  is  not  included 
in  the  number  of  pages  given  below. 

No.  2.  Having  200  pages,  each  8x10  inches,  and  holding  200  cases.  Half  leather  binding,  muslin  sides  .  .  .  .  Price,  $3.75 
No.  4.  Having  200  pages,  each  10^ X 10  inches,  and  holding  400  cases.  Half  leather  binding,  muslin  sides  .....  7.50 

No.  8.  Having  400  pages,  each  10|x  10  inches,  and  holding  8i'0  cases.  Pull  leather  binding,  russia  bands  and  comers  .■  15.00 

4£g-  No.  2  may  be  sent  by  mail.  When  so  ordered,  remit  $4.00. 

Orders  promptly  filled.  Books  carefully  wrapped  and  shipped  as  directed. 

***  For  sale  by  Baker,  Voorhis,  &  Co.,  New  York;  Bourquin  &  Welsh,  Philadelphia;  Ingham,  Clarke,  &  Co.,  Cleveland, 
Robert  Clarke  &  Co.,  Cincinnati ;  Callaghan  &  Cockcroft,  Chicago;  Gilmore  &  Fiske,  Ann  Arbor;  Soule,  Thomas,  &  Winsor 
St.  Louis,  and  by  IS.  L.  &  W.  L,.  GROSS,  Springfield,  Illinois. 


ATTORNEYS’  ’PAPER  FILE. 

• 

For  preserving  Notes,  Letters,  Receipts,  Vouchers,  Briefs,  Instructions,  and  all  other  papers  relat 
ing  to  any  business  transaction.  Manufactured  from  the  best  of  heavy  Manilla  paper,  especially 
for  the  use  of  Attorneys,  and  in  all  respects  the  most  convenient,  economical,  and  durable  Paper 
File  yet  offered.  By  its  use,  all  the  papers  which  refer  to  any  case  c.re  easy  to  find,  and  are  kept 
by  themselves.  May  be  classified  and  put  away  cither  alphabetically  or  by  general  number.  Such 
a  File,  after  being  filled  with  papers,  properly  indorsed  with  the  title  and  number  of  the  case,  is 
easily  found  when  wanted,  examined  without  trouble  or  delay,  and  put  away  without  loss  or  confu¬ 
sion.  Two  styles  are  made  —  one  an  Envelope,  the  other  in  the  usual  form  of  a  Paper  File,  open 
at  the  ends.  Both  styles  are  printed  precisely  alike,  and  the  prices  are  the  same. 

PRICES.  —  $1.50  per  hundred  ;  $6.50  for  five  hundred  ;  $12.00  per  thousand.  By  mail,  $1.75  per  hundred.  Specimens 
to  any  address  free. 

E.  L.  &  W,  L.  GROSS,  Springfield,  Illinois. 


1 


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UNIVERSITY  OF  ILLINOIS-URBANA 


3  01 1 2  072585059 


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